Gap Casting Call Contest Official Contest Rules

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THE FOLLOWING CONTEST IS INTENDED FOR VIEWING AND PARTICIPATION ONLY BY PERSONS WHO ARE, AS OF ENTRY, 18 YEARS OF AGE, PHYSICALLY LOCATED IN AND LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA ("TERRITORY") AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.

DO NOT PROCEED WITH THIS CONTEST IF YOU ARE NOT 18 YEARS OF AGE, OR NOT PHYSICALLY LOCATED IN AND A LEGAL RESIDENT OF THE TERRITORY. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE'S CHANCES OF WINNING. VOID WHERE PROHIBITED.

  1. SPONSOR: The Gap, Inc., 2 Folsom Street, San Francisco, CA 94105.
  2. ADMINISTRATOR: Disney Online, 500 South Buena Vista St., Burbank, CA 91521 ("Mail Address"). Sponsor and Administrator are collectively the "Parties".

  3. BRIEF OVERVIEW OF CONTEST: During the period beginning at 12 A.M. PDT, September 22, 2009, and ending at 11:59 P.M PDT, October 22, 2009 ("Submission Period"), a registered member ("Member") of Disney Family.com ("Website") may enter this contest ("Contest") by uploading his/her favorite recent photo of his/her child ten (10) years of age or younger ("Submission") to compete for a chance for the child to be featured in Sponsor's upcoming babyGap and/or GapKids marketing campaign and for other prizes. Members who wish to upload photos to enter the Contest ("Contestants") must be the parent or legal guardian of the child depicted in the photo. The recent photo must have been taken within the last three (3) months prior to the date of Submission. Contestants are allowed up to five (5) total Submissions: either up to five (5) recent photos of different children or up to five (5) recent photos of the same child. Each Submission will be treated as a separate candidate from the total pool of votes. The Submissions will be divided into the following four (4) individual categories ("Categories"):

    • Baby Girls (ages 0 to 4)
    • Baby Boys (ages 0 to 4)
    • Girls (ages 5 to 10)
    • Boys (ages 5 to 10)

    During the period beginning at 12 A.M. PDT, September 22, 2009, and ending at 11:59 P.M. PST, November 17, 2009 ("Fan Favorite Voting Period"), Members may vote for a Fan Favorite winner ("Fan Favorite") once per entry per day per person/valid email address ("Address"), regardless of whether one person has more than one Address or more than one person use the same Address. Votes for separate Submissions of the same child will not be combined.

    During the period beginning at 12 A.M. PDT, October 23, 2009, and ending at 11:59 P.M. PST, December 6, 2009 ("Top 20 Finalists Judging Period"), a panel of judges selected by Sponsor (with the assistance of Administrator) will narrow all Submissions down to five (5) finalists for each of the Categories, for a total of twenty (20) finalist winners (individually "Finalist" and collectively "Finalists").

    During the period beginning at 12 A.M. PDT, December 7, 2009, and ending at 11:59 P.M. PDT, December 21, 2009 ("Grand Prize Voting Period"), Members may select one (1) Finalist in each of the Categories for a Grand Prize winner in each Category. Members must vote for one (1) Finalist in each of the four (4) Categories in order for the vote to count in the Grand Prize Voting ("Block Vote"); and such Block Vote is limited to once per Address per day. Each Block Vote will also enter the Member casting the Block Vote in a separate promotion, the Gap Casting Call Voter's Sweepstakes ("Sweepstakes"), subject to its Official Rules located at http://family.go.com/gapcastingcall/rules.

    For purposes of these Official Rules ("Rules"), "day" shall mean each calendar day during the Contest and all times and days are Pacific Time. The selection of all winners and awarding of all prizes are subject to the eligibility and forfeiture provisions set forth below.

  4. ELIGIBILITY: To be eligible for this Contest, at the time of entering, you must: [1] be a natural person legally residing in, and physically located within, the 50 United States or the District of Columbia (collectively, "Territory"); [2] be 18 or older; [3] be a registered user of the Website in compliance with the Website's terms of use agreement ("TOU"); [4] not be an employee, consultant, independent contractor or intern who has, within the past six months, performed services for the Parties or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prize, or their respective parent, subsidiary, affiliated or successor companies (collectively, "Entities"), nor a household member or immediate family member of any of such individuals; [5] agree, pursuant hereto and if requested pursuant to the documents described in clause 12 below, to have your Submission featured and published on the Website or otherwise distributed, in connection with or to promote the Contest and/or the Website (including to be featured in marketing materials associated with babyGap and/or GapKids as determined by Sponsor in its sole discretion); [6] include only Submissions in which you are the parent or legal guardian of the child depicted in the photo; [7] include only Submissions of children ten (10) years of age or younger; [8] include only Submissions of photos taken within the last three (3) months prior to the date of Entry; [9] have no more than five (5) total Submissions; [10] agree to be flown roundtrip with your child from a major airport near your home (as determined by Administrator in its sole discretion) to San Francisco, CA to participate in a professional photo shoot conducted by Sponsor for the Finalists; and [12] agree to complete and sign all documents, including, but not limited to, obtaining consent from all parents or legal guardians, requested by the Parties to participate in the professional photo shoot and be featured in marketing materials associated with babyGap and/or GapKids. "Household members" shall mean people who share the same residence at least three months a year. "Immediate family member" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses.

  5. ENTRY: During the Submission Period, you may enter the Contest by: [1] selecting the link on the Website to this Contest; [2] completing registration as a guest of the Website if not yet registered; [3] agreeing to the TOU if not yet registered; [4] creating an upload account if not yet created; [5] completing the Entry Form and following the entry instructions on the Entry Form page; [6] agreeing to these Rules; and [7] selecting the "Submit Entry" button to submit your Submission (collectively, "Entry").

    Only valid Addresses will be accepted for registration, as determined solely by the Administrator. At Administrator's sole discretion, you may be disqualified from the Contest and/or from the voting process if you create one or more invalid Addresses with intent to affect the integrity of the submission and/or voting process. To preserve the integrity of the submission and/or voting processes, Administrator may modify submission and/or voting mechanisms (including the systems used to conduct the submission and/or voting processes) and submission and/or voting periods, and cancel the Contest and/or materially modify these Rules, in its absolute and sole discretion.

    Internet access and usage charges imposed by your online service will apply. It is your sole responsibility to notify the Administrator in writing if you change your Address. To do so, go to Website, log in, click on the "Modify" icon and follow the instructions on how to change your Address.

  6. PRIVACY POLICY/DATA COLLECTION: Information provided by you for this Contest ("Contest Information") is subject to Administrator's privacy policy located at http://disney.go.com/corporate/privacy/pp_wdig.html and you agree that Administrator will share your Family.com account information and Contest Information with Sponsor to use according to Sponsor's privacy policy located at http://www.gap.com/customerService/Info.do?cid=2331

  7. EVENT SCHEDULE: The applicable dates, times and deadlines for the Event are as follows (Pacific Time).

    • Submission Period: September 22, 2009 (12 A.M. PDT) to October 22, 2009 (11:59 P.M PDT).
    • Fan Favorite Voting Period: September 22, 2009 (12 A.M. PDT) to November 17, 2009 (11:59 P.M. PST).
    • Fan Favorite winner announced: On or about November 19, 2009.
    • Top 20 Finalists Judging Period: October 23, 2009 (12 A.M. PDT) to December 6, 2009 (11:59 P.M. PST).
    • Grand Prize Voting Period: December 7, 2009 12 A.M. PDT) to December 21, 2009 (11:59 P.M. PDT).
    • Grand Prize winners announced: On or about February 1, 2010.

    The dates and times set forth above are subject to change in Administrator's sole discretion. In the event of any change, notice of the revised date or time will be posted on the Website.

  8. CONTEST MATERIALS ("Materials"): include: [1] all information and material submitted by you in connection with the Contest, including the Submission and all other forms, contracts or releases required to be submitted by you as a contestant, whether required by the Parties prior to or after Entry; [2] your name, likeness, image and biographical data as contained in or reflected by the Submission; 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 Parties or not, including the Submission.

    All material owned by the Parties or each of the Parties' 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 hereby grant to each of the Parties, their licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on the Parties' websites, on third party web sites, on the Parties' broadcast and cable networks and stations, on the Parties' 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 (the "Submissions License"). Upon either of the Parties request, you agree to assist the Parties in obtaining the consent for any other applications.

    By entering the Contest, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct (set forth in Section 7 of Website's TOU labeled "RULES OF CONDUCT") and other requirements of the TOU and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by the TOU (including the Submissions License). The TOU (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.

  9. LIMITATIONS: By submitting the Materials in the Contest for an Entry, you represent and warrant to the Parties that the Materials and everything depicted therein: [1] 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] comply with Website's TOU and these 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; and [6] do not contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, harassing, defamatory, libelous, infringing or otherwise objectionable or unlawful as determined by Sponsor in its sole discretion.

    To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by the Parties, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

    Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

    Administrator may, in its sole discretion, disqualify and remove any contestant that Administrator deems to be in violation of these Limitations at any time. All Entries must be received during the Submission Period. 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 5 are void. Any use of automated or programmed methods of effecting Entry is prohibited. Neither the Entities, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, "Releasees") are responsible for Entries from persons residing, or physically located, outside the Territory; Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, 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 entrant's 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. The Parties are not obligated to communicate with you as a 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 the Rules and the TOU, the Rules will control.

  10. PRIZES:

    Four (4) Grand Prizes (one for each of the Categories): Each Grand Prize winner ("Winner") will receive a Grand Prize package for a three (3) day/two (2) night trip for the Winner and up to three (3) guests (collectively "Group") to see Disney Presents The Lion King in New York City or Las Vegas, NV (city to be selected by the Administrator, "City") ("Trip"), including the following elements for the Group: [1] if winner resides more than two hundred fifty (250) miles from the City, round-trip coach air transportation on an Administrator-selected carrier between an Administrator-selected major metropolitan airport near Winner's residence ("airport of origin") and Administrator-selected major airport in or near the City; [2] two (2) nights Administrator-selected hotel accommodations (quad occupancy); [3] tickets to Disney Presents The Lion King, the Backstage Experience; [4] a $1,000 Gap gift card for the Winner; and [5] the Winner's child will also be featured in select babyGap and/or GapKids marketing materials (as determined by Sponsor in its sole discretion) during February 2010. All expenses not specifically mentioned herein are not included and are solely the Winner's responsibility, including but not limited to: transportation to the City if a Winner resides two hundred fifty (250) miles or less from the City, round-trip transportation between the Winner's residence and any airport of origin, alcoholic beverages, fax, food, gratuities and tips, ground transportation in the City, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls. Airline carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability, certain restrictions, blackout dates and Administrator's approval and must be booked at least forty-five (45) days prior to the date of arrival in the City. Trip must be completed by December 31, 2010. Approximate retail value ("ARV"): $4,500, which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. Limit of one (1) Grand Prize per person.

    If selected as a Winner, he/she agrees to complete and sign all documents necessary to be featured in marketing materials associated with babyGap and/or GapKids, including, but not limited to, obtaining consent from all parents or legal guardians.

    Twenty (20) Finalist Prizes(five from each of the Categories): Each Finalist will receive a Finalist Prize package for a five (5) day/four (4) night trip for the Finalist and child featured in Finalist's Submission ("Couple") to the babyGap/GapKids professional photo shoot in San Francisco, CA ("City") ("Trip"), consisting of the following elements for the Couple: [1] if Finalist resides more than two hundred fifty (250) miles from the City, round-trip coach air transportation on an Administrator-selected carrier between an Administrator-selected major metropolitan airport near Finalist's residence ("airport of origin") and Administrator-selected major airport in or near the City; [2] four (4) nights Administrator-selected hotel accommodations; [3] opportunity to participate in a professional photo shoot where photographs captured will be used for the Grand Prize voting phase of the Contest and may, in Sponsor's sole discretion, be featured in Sponsor's upcoming babyGap and/or GapKids marketing campaign; [4] a $500 gift card to cover travel expenses for the professional photo shoot; and [5] one (1) gift bag filled with prizes from various Disney business units not to exceed $500 in value. All expenses not specifically mentioned herein are not included and are solely the Winner's responsibility, including but not limited to: transportation to the City if a Finalist resides two hundred fifty (250) miles or less from the City, round-trip transportation between the Finalist's residence and any airport of origin, alcoholic beverages, fax, food, gratuities and tips, ground transportation in the City, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls. Airline carrier and hotel regulations and conditions apply. Couple must travel between November 15 and November 20, 2009, or prize will be forfeited in its entirety and no substitution will be provided except in Sponsor's sole discretion. ARV: $7,500, which will vary depending upon points of departure and destination and fluctuation of hotel rates and airfares.

    If selected by Sponsor as one of the Finalists, he/she agrees to complete and sign all documents necessary to participate in the professional photo shoot and be featured in marketing materials associated with babyGap and/or GapKids.

    Sixteen (16) Runner-Up Prizes (four from each of the Categories): Finalists not selected as Grand Prize winners will be deemed Runner-Up winners and will each receive a $500 Gap gift card. ARV: $500.

    One (1) Fan Favorite Prize: one (1) seven-day/six-night Beaches Resorts Luxury Included� Family Vacation for the winner, one (1) guest 15 years of age or older and two (2) guests under the age of 15 ("Group") to any one (1) Beaches Resort located in Turks & Caicos or Jamaica ("Vacation"). Any minor (as determined by state of primary residence) accompanying the winner must be accompanied by his or her parent or legal guardian Beaches Resorts in Turks & Caicos or Jamaica include:

    • Beaches Turks & Caicos Resort Villages & Spa - Providenciales, Turks & Caicos
    • Beaches Negril Resort & Spa - Negril, Jamaica
    • Beaches Sandy Bay - Negril, Jamaica
    • Beaches Boscobel Resort & Golf Club - Ocho Rios, Jamaica

    Each Vacation will consist of the following elements for the Group: [1] round-trip coach class airline tickets from the gateway airport closest to winner's residence in the continental U.S. (Atlanta, Baltimore, Chicago, Ft. Lauderdale, Los Angeles, Miami, New York-JFK, Newark, Orlando, Philadelphia) to Montego Bay, Jamaica or Providenciales, Turks & Caicos, as applicable; [2] Resort accommodations for six (6) nights (one standard room, quad occupancy); [3] unlimited gourmet and casual dining; [4] premium-brand beverages; [5] land and water sports including snorkeling and scuba diving; [6] The Caribbean Adventure with Sesame Street; [7] Pirates Island Water park; [8] Xbox 360� Game Garage; [9] Kids Camps featuring certified nannies; [10] Crayola� Art Camps; [11] state-of-the-art fitness centers; [12] airport/Resort transfers and [13] hotel taxes and gratuities.

    All expenses not specifically mentioned herein are not included and are solely the winner's responsibility, including but not limited to: round-trip transportation between the winner's residence and airport of origin, fax, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls. Air carrier is at the discretion of Unique Vacations, Inc. Flight and air carrier are subject to change & availability. Unique Vacations, Inc. is not responsible if airlines change the gateway airports or discontinue service from a specific gateway airport. Vacation is subject to availability, restrictions and black-out periods and must be completed by January 15, 2011, or be forfeited. The Group must travel together on same itinerary. All members of the Group will be required to execute and return a Release of Liability prior to ticketing. Members of the Group are solely responsible for obtaining any and all necessary travel documents (valid photo I.D., credit card, etc.) before departure. ARV: $8,500, which will vary depending upon points of departure and destination and fluctuation of hotel rates and airfares. The prize will be awarded provided it is validly claimed by March 21, 2010, after which no alternate winner will be selected, nor unclaimed prize awarded.

    If the actual value of any prize is less than the stated ARV, the difference will not be awarded. Prizes are 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. The prizes cannot be used in conjunction with any other promotion or offer. Prize elements may not be separated.

    Total ARV of all prizes: $184,500

    All federal, state and local taxes on prizes (except hotel taxes) are the sole responsibility of each prize winner. Winners of all prizes except the Runner-Up Prizes will be issued IRS 1099 forms for the value of their prize. All prizes are awarded "as is" with no guarantee either expressed or implied. All prize awards are subject to Administrator's verification of eligibility and compliance with these Rules.

    Within five (5) business days of selection, all potential winners for the Contest will be notified by email and telephone at the Address and phone number provided on the Website during the registration process or thereafter changed as provide herein. At the sole discretion of the Administrator, 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 48 hours after its transmission; [2] the return of an email notification as undeliverable after three (3) attempts; [3] the return of any prize as undeliverable; [4] potential winner's failure to provide Administrator with satisfactory proof of age, identity and/or residency; [5] potential winner's failure to execute and return by email all Administrator-requested documents (collectively, "Affidavits") within forty-eight (48) hours after transmission; [6] potential winner's failure to execute and return by U.S. Mail or overnight delivery service hard copy Affidavits within seven (7) days after reception; [7] potential winner's failure to claim any prize within forty-eight (48) hours after sending; and [8] any other non-compliance with these Rules or the TOU. Administrator may require signed Affidavits to be notarized at its sole discretion. In the event of a prize forfeiture, Administrator may, in its sole discretion, award or not award the forfeited prize to an alternate winner.

  11. PROCEDURES: During the Submission Period, Sponsor (with the assistance of Administrator) shall review Submissions in each of the Categories from among all eligible Entries received based on the criteria below.

    During the Top 20 Finalists Judging Period, Sponsor, in its sole discretion, shall select a panel of qualified judges to narrow all Submissions received from Administrator down to five (5) Finalists for each of the Categories, for a total of twenty (20) Finalists. The judges will make this decision based upon the following judging criteria ("Criteria"):

    • 34% overall appearance of the child as shown in the photo
    • 33% overall personality of the child as expressed through the photo
    • 33% quality of the photo

    The Entries that receive the highest scores in the judging will be deemed Finalists. In the event of a tie between two (2) or more Entries for the last Finalist, the Entry with the highest score for overall appearance will be deemed the Finalist. Should a tie remain, a new judge (as determined by Sponsor in its sole discretion) will re-judge the remaining tied Entries based upon the Criteria. If the qualified panel is unavailable for any reasons to judge the Finalist photos, then new judges shall be selected by Sponsor in its sole discretion. Sponsor's decisions regarding the Contest and related matters shall be final and binding.

    During the Fan Favorite Voting Period, visitors to the Website will be invited to become Members, if not currently, and may vote for a Fan Favorite once per entry per day per person/Address, regardless of whether one person has more than one Address or more than one person use the same Address. The Entry that receives the most votes will be deemed the Fan Favorite. In the event of a tie for the Fan Favorite, Administrator shall select the winner in its sole discretion.

    In preparation for the Grand Prize Voting Period, Administrator will post one (1) photograph of each of the twenty (20) Finalists taken by a professional photographer during the babyGap/GapKids professional photo shoot on the Website. Administrator shall have the sole and exclusive right to determine which photograph of each Finalist will be posted on the Website during the Grand Prize Voting Period.

    During the Grand Prize Voting Period, visitors to the Website will again be invited to become Members, if not currently, and may select one (1) Finalist in each of the Categories for a Grand Prize winner in each Category. Members must submit a Block Vote (a vote for one (1) Finalist in each of the four (4) Categories) in order for the vote to count in the Grand Prize Voting. Such Block Vote is limited to once per Address per day. One Block Vote will also constitute one (1) vote in the Sweepstakes for the Member casting the Block Vote.

    The Finalists in each of the Categories that receive the most votes for their respective Categories will be deemed Grand Prize winners, for one (1) Grand Prize winner in each Category. In the event of a tie or fraud for the Grand Prize in each of the Categories, Sponsor shall select the winner in its sole discretion, based upon the photographs that feature a child they deem to best represent the Gap brand and meet the Criteria and eligibility requirements. Finalists not selected as Grand Prize winners in their respective Categories will be deemed Runner-Up winners.

    Members are not permitted to share the same email address. Any attempt by any of the Members to submit more than the stated number of votes by using multiple/different email addresses, mailing addresses, identities or any other methods will void that Member's votes and disqualify that Member's Entries (if any). The offending Member's Submissions will be removed from public voting and they will be disqualified from further participating in the Contest.

  12. CONDITIONS: By entering this Contest and/or accepting any prize you may win, you agree, represent and warrant that: [1] you will be bound by the Rules and Sponsor's decisions, which shall be final and binding in all respects; [2] the Entry will not be acknowledged or returned; [3] you release and hold harmless the Releasees from any 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 a Submission, or from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize; participation 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 Contest or prizes; [5] winner's acceptance of any prize constitutes the grant to the Parties 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 Parties 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, the Parties, in their sole discretion, have the right to amend the Rules or cancel, modify, suspend or terminate the Contest; and in such event, to select winners by such method as the Parties in their sole discretion shall consider equitable; [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, selection and announcement of the winners and distribution of the prizes; [8] any portion of any prize not accepted or used by any winner will be forfeited; [9] the Releasees are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason; [10] the Parties have the right, at any time and at their sole discretion, to disqualify any individual it suspects to be doing any of the following: (a) to be tampering or attempting to tamper with the Entry process or the operation of the Contest or the Website; (b) violating the Rules; (c) violating the TOU, privacy policy or other terms, conditions of use and/or general rules or guidelines of any Contest property or service or (d) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or for any other good cause as determined solely by the Parties; [11] since any attempt by any individual to deliberately damage any Internet site or undermine the legitimate operation of the Contest is a violation of these Rules as well as criminal and civil laws; and should the Parties believe or become aware that such an attempt has been, is being, or will be made, they have the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution; and [12] Administrator has the right to modify submission and/or voting mechanisms (including the systems used to conduct the submission and/or voting processes), submission and/or voting periods and prize award procedures in its absolute and sole discretion.
  13. RULES & WINNERS' LIST: For the name of the Fan Favorite Winner (after November 19, 2009 and before February 17, 2010), Finalist Winners (after December 7, 2009 and before March 7, 2010), Grand Prize and Runner Up Winners (After February 1, 2010 and before March 21, 2010) and/or Rules (before March 21, 2010), send a self-addressed, stamped envelope to: Disney Family.com Gap Casting Call, to the Mail Address, designating either winners or Rules. The winner's name for the Fan Favorite Prize will also be posted on the Website on or about November 19, 2009. The winners' names for the Finalist Prizes will also be posted on the Website on or about December 7, 2009. The winners' names for the Grand Prize and Runner-Up Prizes will also be posted on the Website on or about February 1, 2010.

REREVISEDGAPCONTEST (9-9-09) #4035

Gap Casting Call Voters' Sweepstakes
Official Rules

THE FOLLOWING SWEEPSTAKES IS INTENDED FOR VIEWING AND PARTICIPATION ONLY BY PERSONS WHO ARE, AS OF ENTRY, 18 YEARS OF AGE, PHYSICALLY LOCATED IN AND LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA ("TERRITORY") AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.

DO NOT PROCEED WITH THIS SWEEPSTAKES IF YOU ARE NOT 18 YEARS OF AGE, OR NOT PHYSICALLY LOCATED IN AND A LEGAL RESIDENT OF THE TERRITORY. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE OR OPTING IN TO RECEIVE MORE INFORMATION, IMPROVE ONE'S CHANCES OF WINNING. VOID WHERE PROHIBITED.

  1. SPONSOR: The Gap, Inc., 2 Folsom Street, San Francisco, CA 94105.
  2. OPERATOR: Disney Online, 500 South Buena Vista St., Burbank, CA 91521 ("Mail Address"). Sponsor and Operator are collectively the "Parties".
  3. ENTRY: The Parties are conducting a separate promotion, Gap Casting Call Contest ("Contest") in which contestants are invited to enter pictures of their children 0 to 10 years of age in one (1) of four categories (individually, "Category"): girls-0 to 4 years old; boys-0 to 4 years old; girls-5 to 10 years old and boys-5 to 10 years old, to compete to win a Grand Prize in each Category. The judges in that Contest will select five (5) Finalists in each Category. Registered members (individually, "Member") of the Disney Family.com website (the "Website") will be invited to vote to determine the winner in each Category.

    During the period beginning at 12:01 A.M., December 7, and ending at 11:59:59 P.M., December 21, 2009 ("Entry Period"), a Member may enter this Sweepstakes via the Internet by logging in by providing his/her Member Name and Password and participating in that Contest by voting for one (1) Finalist in each Category. Members must vote for one (1) Finalist in each Category ("Block Vote") in order for the vote to count as one (1) vote in this Sweepstakes. Such Block Vote is limited to one per Member/email address ("Address") per Day (individually, "Entry").

    By registering or logging-in for this Sweepstakes, you agree that Operator will share your Family.com account information and your Sweepstakes Entry information with Sponsor to use according to Sponsor's privacy policy located at http://www.gap.com/customerService/info.do?cid=2331.

    For purposes of these Official Rules ("Rules"), "Day" shall mean each calendar day during the Entry Period and all times and Days are Pacific Standard Time. If you are not a Member, you may easily register for free to become a Member through the link on the Website: "Not Registered?" by filling out the simple Registration Form. Upon becoming a Member by registration, you may enter the Sweepstakes by following the above instructions. Normal Internet access and usage charges imposed by your online service will apply. It is your sole responsibility to notify the Operator in writing if you change your email address ("Address"). To do so, go to Website, log in, click on the "Modify" icon and follow the instructions on how to change your Address.

  4. LIMITATIONS: All Entries must be received by 11:59 P.M. December 21, 2009. Entries are limited to one Block Vote per person/valid Address per Day (regardless of whether one person has more than one Address or more than one person uses the same Address). Any attempt by any Member to submit more than the stated number of votes by using multiple/different Addresses, mailing addresses, identities or any other methods will void that Member's votes.

    Only valid Addresses will be accepted for registration, as determined solely by the Operator. At Operator's sole discretion, you may be disqualified from the Sweepstakes and/or from the voting process if you create one or more invalid Addresses with intent to affect the integrity of the submission and/or voting process. To preserve the integrity of the voting processes, Operator may modify the voting mechanisms (including the systems used to conduct the voting processes) and/or voting periods, and cancel the Sweepstakes and/or materially modify these Rules, in its absolute and sole discretion.

    In the 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 Paragraph 3 are void. Any use of automated or programmed methods of effecting Entry is prohibited. Open only to persons who are not minors as of Entry, as defined by state of primary residence (individually, "Minor"), but are legal residents of, and physically located within, the Territory. Employees of Operator, Sponsor or Unique Vacations, Inc.; their respective parent, subsidiary and affiliated companies; the advertising, promotional, and fulfillment agencies of each of them (individually and collectively, "Entities"); and members of their households and immediate families are not eligible to enter. Neither the Entities, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, "Releasees") are responsible for Entries from persons residing, or located, outside the Territory; Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or for inaccurate or incomplete capture online of Sweepstakes entry information; 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 entrant's 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. Void where prohibited or restricted by law and subject to all applicable federal, state, local, and municipal laws and regulations.

  5. PRIZE: One (1) Grand Prize: One (1) seven-day/six-night Beaches Resorts Luxury Included® Family Vacation for the winner, one (1) guest 15 years of age or older and two (2) guests under the age of 15 ("Group") to any one (1) Beaches Resort located in Turks & Caicos or Jamaica ("Vacation"). Any minor (as determined by state of primary residence) accompanying the winner must be accompanied by his/ her parent/legal guardian as a member of the Group. Beaches Resorts in Turks & Caicos or Jamaica include:

    • Beaches Turks & Caicos Resort Villages & Spa - Providenciales, Turks & Caicos
    • Beaches Negril Resort & Spa - Negril, Jamaica
    • Beaches Sandy Bay - Negril, Jamaica
    • Beaches Boscobel Resort & Golf Club - Ocho Rios, Jamaica

    Each Vacation will consist of the following elements for the Group: [1] round-trip coach class airline tickets from the gateway airport closest to winner's residence in the continental U.S. (Atlanta, Baltimore, Chicago, Ft. Lauderdale, Los Angeles, Miami, New York-JFK, Newark, Orlando and Philadelphia) to Montego Bay, Jamaica or Providenciales, Turks & Caicos, as applicable; [2] Resort accommodations for six (6) nights (one standard room, quad occupancy); [3] unlimited gourmet and casual dining; [4] premium-brand beverages; [5] land and water sports including snorkeling and scuba diving; [6] The Caribbean Adventure with Sesame Street; [7] Pirates Island Water park; [8] Xbox 360® Game Garage; [9] Kids Camps featuring certified nannies; [10] Crayola® Art Camps; [11] state-of-the-art fitness centers; [12] airport/Resort transfers and [13] hotel taxes and gratuities.

    All expenses not specifically mentioned herein are not included and are solely the winner's responsibility, including but not limited to: round-trip transportation between the winner's residence and airport of origin, fax, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls. Air carrier is at the discretion of Operator. Flight and air carrier are subject to change & availability. Operator is not responsible if airlines change the gateway airports or discontinue service from a specific gateway airport. Vacation is subject to availability, restrictions and black-out periods and must be completed by January 15, 2011, or be forfeited. The Group must travel together on same itinerary. All members of the Group will be required to execute and return a Release of Liability prior to ticketing. Members of the Group are solely responsible for obtaining any and all necessary travel documents (valid photo I.D., credit card, etc.) before departure. Approximate retail value ("ARV"): $8,500, which will vary depending upon points of departure and destination and fluctuation of hotel rates and airfares. The prize will be awarded, provided it is validly claimed by March 21, 2010, after which no alternate winner will be selected, nor unclaimed prize awarded.

    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. No substitution allowed except, at Operator'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. All federal, state and local taxes on the prize (except hotel taxes) are the sole responsibility of the prize winner, who will be issued an IRS 1099 form reflecting the value of the prize. The prize award is subject to Operator's verification of eligibility and compliance with these Rules.

  6. PROCEDURES: Entries will only be accepted during the Entry Period. On or about December 28th, 2009, in a random drawing, potential winner will be selected from all eligible Entries received. Odds of winning depend on the total number of eligible Entries received.
  7. WINNER: On or before January 5, 2010, potential winner will be notified by email and telephone at the Address and phone number provided on the Website during the registration process or thereafter changed as provide herein. At the sole discretion of the Operator, 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 48 hours after its transmission; [2] the return of an email notification as undeliverable after three (3) attempts; [3] potential winner's failure to provide Operator with satisfactory proof of age, identity and/or residency; [4] potential winner's failure to execute and return by email all Operator-requested documents (collectively, "Affidavits") within forty-eight (48) hours after transmission; [5] potential winner's failure to execute and return by U.S. Mail or overnight delivery service hard copy Affidavits within seven (7) days after reception; [6] potential winner's failure to validly claim the prize within forty-eight (48) hours after sending and [7] any other noncompliance with these Rules or the Website's terms of use agreement ("TOU"). Operator may require signed Affidavits to be notarized at its sole discretion. In the event of a prize forfeiture, the Operator may, in its sole discretion, award or not award the forfeited prize to an alternate winner.
  8. CONDITIONS: By entering this Sweepstakes and/or accepting a prize you may win, you agree, represent and warrant that: [1] you will be bound by the Rules and Sponsor's decisions, which shall be final and binding in all respects; [2] 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 awarding, delivery, acceptance, use, misuse, possession, loss, or misdirection of the prize; participation in this Sweepstakes or in any activity or travel related thereto or from any interaction with, or computer downloading of, any Sweepstakes information; [3] winner's acceptance of the prize constitutes the grant 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; [4] Releasees do not make any representation, warranty or guarantee, express or implied, relating to the Sweepstakes or the prize; [5] 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 Operator's reasonable control, corrupt, prevent, or impair the administration, security, fairness, or proper play of this Sweepstakes, so that it cannot be conducted as originally planned, except where prohibited by law, Operator has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Sweepstakes; and in such event, to select a winner by such method as Operator in its sole discretion shall consider equitable; and in the event the Vacation has already commenced, to terminate the Vacation and return the Group to the airport of origin as soon as reasonably possible; [6] the Releasees are not responsible for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to: errors in the advertising, Rules and selection and announcement of the winner; [7] any portion of the prize not accepted or used by the winner will be forfeited; [8] the Releasees are not responsible for any inability of the winner to accept or use the prize (or any portion thereof) for any reason; [9] the Parties have the right, at any time and at their sole discretion, to disqualify any individual they suspect to be doing any of the following: (a) to be tampering or attempting to tamper with the Entry process or the operation of the Sweepstakes or the Website; (b) violating the Rules; (c) violating the TOU, privacy policy or other terms, conditions of use and/or general rules or guidelines of any Sweepstakes property or service or (d) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or for any other good cause as determined solely by the Parties; [10] since any attempt by any individual to deliberately damage any internet site or undermine the legitimate operation of the Sweepstakes is a violation of these Rules as well as criminal and civil laws; and should the Parties believe or become aware that such an attempt has been, is being, or will be made, they have the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution and [11] Operator has the right to modify voting mechanisms (including the systems used to conduct the voting processes) and/or voting periods and prize award procedures in its absolute and sole discretion.
  9. RULES AND WINNER'S LIST: For name of winner (after January 5, 2010) and/or Rules (before December 21, 2009), send a self-addressed, stamped envelope to: Disney Family.com Gap Casting Call Voters' Sweepstakes, to the Mail Address, designating either winner or Rules.

    This Sweepstakes and all accompanying material copyright Disney Enterprises, Inc.

REVISEDGAPSWEEPSCLEAN (9-11-09) #4033