Disney Family.com Halloween Costume Contest
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE'S CHANCES OF WINNING
1. SPONSOR: Walt Disney Internet Group, 500 South Buena Vista St., Burbank, CA 91521-6891 ("Mail Address"), 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 9:00 P.M., September 12, and ending at 11:59:59 P.M., October 31, 2007 ("Term") as a competition to select the winning Halloween costumes from among those Contestants submitting entries consisting of the following elements: [1] one (1) photo of one (1) human or one (1) animal in the finished costume, [2] name of the costume and [3] instructions on how to make the costume (collectively, "Submission"). Each Submission will be judged in three (3) categories: [1] Most Unique--costume should be unique and original, showing creativity in its idea, design and construction; [2] Family Costumes--costume idea lends itself to being worn by various family members and [3] Easy To Make--costume can be easily made, yet has added elements of creativity that make it unique (individually, "Category"). If Contestant doesn't provide instructions on how the costume was made or the Submission depicts an animal rather than a human, Entry is not eligible for a Grand or First Prize, but is only eligible for an Honorable Mention Prize. For purposes of these Official Rules ("Rules"), all times and days are Pacific Time. The awarding of each 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 the Contestant must be: [1] a natural person legally residing in, and physically located within, the 50 United States or the District of Columbia ("Territory"); [2] 18 years of age or older; [3] a registered user of the Website in compliance with the Website's terms of use agreement ("TOU"); [4] not an employee, consultant, independent contractor or intern who has, within the past six months, performed services for Sponsor or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion or supplying the prizes, or their respective parent, subsidiary, affiliated or successor companies (collectively, "Entities"), nor a member of their household or immediate family and [5] willing to have his/her Submission featured and published on the Website or otherwise distributed, in connection with, or to promote, the Contest and/or the 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 Term, you may enter the Contest by registering as a guest of http://family.go.com ("Website"), clicking the link to the Halloween Costume Contest, agreeing to the TOU for the Contest, following the entry instructions to submit your Submission and clicking on the "submit" button ("Entry"). 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 e-mail 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.
5. CONTEST MATERIALS: "Contest Materials" include, to the extent applicable: [1] any information and material, including the Submission submitted by you in connection with the Contest; [2] the Entry form and any other forms, contracts or releases required to be submitted by you for the Contest, whether required by Sponsor prior to or after selection; [3] your name, voice, likeness, image and biographical data and [4] 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 Submission. 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 the property of such persons and Contestants shall acquire no rights therein by virtue of the Contest.
Except as specifically provided for herein, by entering the Contest, you agree that all recordings, copyrights, trademarks, ideas, concepts, acts, poses and performances, including, without limitation, all material composed, added, created, or interpolated by you, from the inception of creation and irrespective of stage of development or completion, that are submitted separately or embodied: [1] in the Contest Materials; [2] in the Submission submitted by you and [3] otherwise in connection with this Contest (collectively, "Work"), are commissioned hereunder on a "work for hire" basis. In the event the Work is found not to be a work-made-for-hire, you hereby assign, transfer and grant to the Sponsor all rights, including all exclusive exploitation rights, of every kind and nature (including any and all copyrights and neighboring rights, to the extent such assignment is allowed by law) in and to such Work. All rights to such Work are owned by Sponsor solely and exclusively, for the duration of the rights in each country and area and space, in all languages, and throughout the universe, including, without limitation, the right to use, re-use, reproduce, distribute, re-distribute, display, exhibit, transmit, print, publish, broadcast, host, store, cache, download, stream, comment on, edit, alter, modify, adapt, translate, and create derivative works based upon, synchronize with visual material, make sound or video recordings, audiovisual recordings, otherwise use, and permit others to use and perform or otherwise exploit the Work throughout the universe, in all media now known or hereafter discovered, including without limitation, in connection with, and to promote, market or advertise, the Website, the Contest , and the picture, in whole or in part, in edited, unedited or distorted form, without review, approval, credit or attribution, notification or payment from or to you or any person or entity, including without limitation any third party company or other company entitled to your exclusive performing services or any other rights with respect to your performing services, or any union or guild. You also agree to execute any and all documents required to effect the transfer of such rights to Sponsor.
You and Sponsor are aware and hereby acknowledge that new rights to the Work may come into being and/or be recognized in the future, under the law and/or in equity (hereafter the "New Exploitation Rights"), and You intend to and do hereby grant and convey to Sponsor any and all such New Exploitation Rights to the Work granted by you hereunder. You and Sponsor are also aware and do hereby acknowledge that new (or changed) (1) technology, (2) uses, (3) media, (4) formats, (5) modes of transmission and (6) methods of distribution, dissemination, exhibition or performance (hereafter the "New Exploitation Methods") are being and will inevitably continue to be developed in the future, which would offer new opportunities for exploiting the Work. You intend to and do hereby grant and convey to Sponsor any and all rights to such New Exploitation Methods with respect to the Work. You hereby agree to execute any document Sponsor deems in its interest to confirm the existence of the preceding and to effectuate its purpose to convey such rights to Sponsor, including without limitation the New Exploitation Rights and any and all rights to the New Exploitation Methods. You further hereby agree that you will not seek (1) to challenge, through the courts, administrative governmental bodies, private organizations, or in any other manner the rights of Sponsor to exploit the Work by any means whatsoever or (2) to thwart, hinder or subvert the intent of the grants and conveyances to Sponsor herein and/or the collection by Sponsor of any proceeds relating to the rights conveyed hereunder.
6. LIMITATIONS: By entering the Contest or submitting the Contest Materials, you represent and warrant to Sponsor that the Contest Materials and everything depicted therein: [1] consist of homemade elements (costumes that are 100% store purchased are ineligible for the Contest) [2] do not originate from a magazine, newspaper or other commercial or proprietary source; [3] do not infringe upon or otherwise violate any right of any person, firm or entity; [4] comply with the TOU and the Rules; [5] 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; [6] do not contain the likenesses or photographs of any person other than the Contestant; [7] have not previously been submitted in a contest of any kind or exhibited or displayed publicly through any means and [8] 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 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 Contest Materials in the Contest in accordance with the Rules; [2] no person other than you, nor any entity, has any right, title or interest in and to any part of the Contest Materials; [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 and [4] no animal has been harmed in connection with the Contest. If it appears from Contestant's Contest Materials that an animal has been harmed in connection with his/her Submission, whether or not any actual harm has occurred, Sponsor may in its sole discretion disqualify the Contestant and may remove any Submission that Sponsor has posted on the Website at any time. All Entries must be received during the Term. Contestants may submit multiple costumes across multiple Categories provided that each Entry must be accompanied by its own set of instructions to be eligible for a Grand or First Prize. Entries that contain the image of more than one person or animal are ineligible to enter. 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. 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, contain the images of more than one person or animal, delayed, deleted, destroyed, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized or unintelligible; or any printing, production, technical, electronic or other errors; 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 e-mails resulting from any form of active or passive e-mail filtering; insufficient space in entrant's e-mail account to receive e-mail; or other errors of any kind, whether due to electronic, mechanical or human error 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. 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.
7. PRIZES: ONE (1) GRAND PRIZE: A five (5) day / four (4) night trip for four (4) to the Walt Disney World ® Resort in Florida ("Trip"), consisting of the following elements: [1] Resort hotel accommodations for four (4) persons (standard room) for four (4) nights plus hotel tax; [2] four (4) Magic Your Way passes for admission for five (5) days to the Magic Kingdom ® Park, Epcot ®, Disney-MGM Studios, and Disney's Animal Kingdom ® Theme Park; [3] ground transportation throughout the Resort; [4] if winner resides more than two hundred fifty (250) miles from the Resort, round-trip coach air transportation for four (4) between the major metropolitan airport nearest winner's residence ("airport of origin") and Orlando International Airport and [5] 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 less than two hundred fifty (250) miles from the Resort, round-trip transportation between the winner's residence and any airport of origin, room service, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Airline carrier and Resort regulations and conditions apply. Travel and lodging are subject to availability, certain restrictions, blackout dates and Sponsor's approval and must be booked at least forty-five (45) days prior to the date of arrival at the Resort. Trip must be completed by September 30, 2008. Approximate retail value ("ARV"): $4,500.00, which will vary depending upon point of departure and seasonal fluctuation of hotel rates and airfares.
TWO (2) FIRST PRIZES (one (1) for each of the two remaining Categories after the selection of the Grand Prize winner's Category): one (1) digital camera (ARV: $280).
Maximum of Nine (9) HONORABLE MENTION PRIZES: one (1) Family.com picnic basket (ARV: $75). Up to three (3) Honorable Mention winners per Category as determined by Sponsor's creative staff.
Total ARV of all prizes: $5,735. Limit one prize per person/Address. Prizes will be delivered to winners within sixty (60) days after selection of winners. Prizes are not redeemable for cash or transferable, except a Grand Prize is transferable 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. All prizes will be awarded provided a sufficient number of eligible Entries are received and prizes validly claimed by November 29, 2007, after which no alternate winners will be selected, nor unclaimed prizes awarded.
8. PROCEDURES: During the Term, the Website's registered visitors will be invited to vote on all eligible Entries received by applying the following Judging Criteria: 60% for originality and 40% for relevance to Category. They may vote for more than one Entry per 24-hour period; however, only one vote per Entry per 24-hour period is allowed. The Entry that accumulates the most votes during the Term shall be the potential Grand Prize winner. Two (2) potential First Prize winners (one from each remaining Category) will be declared by determining which Entry has accumulated the most votes in that Category. In the event that there is a tie between two (2) or more Entries, Sponsor's creative staff will break the tie by selecting the potential Grand Prize and First Prize winners from such tied Entries based on said Judging Criteria. The potential winners will be selected on or about November 9, 2007.
9. WINNERS: Potential winners will be notified by e-mail and U.S. Mail on or about November 12, 2007, and will be posted on the Website on or about November 30, 2007. Disqualification and the selection of an alternate winner may result from any of the following: [1] potential winner's failure to respond to notification within seven (7) days after its mailing/transmission; [2] the return of an e-mail notification as undeliverable after three (3) attempts; [3] the return of any other notice or a prize as undeliverable; [4] potential winner's failure to provide Sponsor with satisfactory proof that he/she is the authorized account holder of the Address associated with the winning Entry; [5] potential Grand Prize winner's failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within fourteen (14) days after it is requested; [6] potential winner's failure to claim a prize within ten (10) days after it is sent; [7] potential Grand Prize winner's failure to be available to complete the Trip by September 30, 2008; [8] potential winner's failure to validly claim any prize by November 29, 2007 and [9] any other non-compliance with Rules. Grand Prize winner and guests must travel together on same itinerary; and no minor may accompany the winner on the Trip unless he/she is accompanied by his/her parent/legal guardian as one of the guests. All guests will be required to execute and return a Release of Liability prior to ticketing. Winner and guests are solely responsible for obtaining any and all necessary travel documents (valid photo I.D., etc.) before departure. All taxes are solely the responsibility of each winner; and the Grand Prize winner will receive an IRS Form 1099 reflecting the final actual value of the Grand Prize. For list of winners (after November 30, and before December 31, 2007) and/or Rules (before October 31, 2007), send a self-addressed, stamped envelope to: Disney Family.com Halloween Costume Contest, to the Mail Address, designating either winners or Rules.
10. PRIVACY POLICY/DATA COLLECTION: Information provided by you under this Promotion is subject to Sponsor's privacy policy located at http://disney.go.com/corporate/privacy/pp_wdig.html
11. CONDITIONS: Each Contestant by entering the Contest agrees, represents and warrants that: [1] he/she will be bound by the Rules, TOU and the Sponsor's decisions and Privacy Policy; [2] the Entry becomes solely the Sponsor's property and will not be acknowledged or returned; [3] the Releasees are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the selection, use or Entry of a costume in the Contest, or from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize; participation in the Contest or in any activity, preparation or travel related thereto or from any interaction with, or downloading of, computer Contest information; [4] 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); [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 Sponsor's reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of any Contest, so that it cannot be conducted as originally planned, the Sponsor has the right to cancel, terminate or suspend the Contest; and in such event, to select winners 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 winner and guests to any 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 the Contest, including but not limited to: errors in the advertising, Rules, selection and announcement of the winners and distribution of the prizes; [7] any portion of the Grand Prize not accepted or used by the winner will be forfeited and [8] the Releasees are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason.
HALLOWEENCLEAN (8-24-07) #2441
