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Disney's Magic of Healthy Living Contest Winners Rules




1. SPONSOR: Disney Interactive Media Group, 500 South Buena Vista Street, Burbank, CA 91521.

2. ADMINISTRATOR: Ventura Associates, Inc., 1040 Sixth Avenue, New York, NY 10018, an independent judging organization whose decisions are final and binding with respect to this contest ("Contest").

3. BRIEF OVERVIEW OF CONTEST: This is a Contest to be conducted during the period commencing at 12:01 AM, January 17, and ending at 11:59:59 PM, March 12, 2012 ("Entry Period"), for you as a Contestant to compete for one (1) of five (5) available Grand Prizes, five (5) available First prizes or five (5) available Voter's Choice Prizes by submitting via www.Family.com ("Website") an entry in one of the two (2) following categories:

(A) New Foods: consisting of the following elements:

"Story" How do you and your family try to eat right? How do you make sure that nutritious foods (e.g., fruits, vegetables, low fat dairy, whole grain, lean protein) are included in your family meals and snacks?

"Photo"showcase your family trying healthy foods, cooking together, having a meal together, planting a garden in your backyard or in your community, etc.

(B) New Moves: consisting of the following elements:

"Story" How do you and your family try to make exercise fun? How do you incorporate physical activity into your day? How can you make getting 60 minutes of physical activity a day easier and more fun with your family, neighbors and friends?

"Photo" showcase your family engaging in a physical activity together like a walk, hike, sport, dance, community sporting events, etc.

The entry will consist of the following elements: (1) Story in English of not more than 500 characters of your ideas for how your family is living a healthy life by trying new foods or new moves; (2) Photo of your family trying new foods or new moves (at least one child between the ages of 6 and 14 ["Child"] must be in the Photo; (3) Photo must be a maximum file size of 4 MB; (4) Photo must be in one of the following file formats: bmp, gif, jpeg, jpg or png; (5) title for Story and (6) all other information requested (collectively, "Submission"). 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 prizes is subject to the eligibility and forfeiture provisions set forth below.

VOTING: The general public will be given the opportunity to vote on all eligible Entries during the Entry Period. One can vote by logging on to the Website and following the instructions to vote for his/her favorite Entry ("Vote"). Limit: one Vote per person/email address ("Address") allowed per day. The top five (5) eligible Contestants that receive the highest number of valid Votes during the Entry Period will be determined to be the potential Voter's Choice winners. Sponsor reserves the right to disqualify any Votes that are cast in violation of these Rules, or are cast to achieve an unfair advantage, or are cast by robotic means of any sort.

4. ELIGIBILITY: To be eligible as a Contestant for this Contest, at the time of entering you must be: [1] a natural person legally residing in, and physically located within the 50 United States or D.C., (collectively, "Territory"); [2] not a minor (as defined by state of primary residence "Minor"); [3] be the parent/legal guardian ("Parent") of at least one Child who is willing and able to participate in the TRYathalon (see below for details) should the Sponsor request it; [4] be a registered member ("Member") of Website who has agreed to the Sponsor's terms of use ("TOU"); [5] willing to be featured (along with Child) in an hourlong television special about the TRYathalon which is scheduled to be aired on DisneyXD; [6] willing to be featured (along with Child) in FamilyFun Magazine, Family.com and/or Disney.com; [7] not an employee of Sponsor, Kaboom or Administrator; their respective 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 [8] willing to have your Entry published on the Website or otherwise distributed, in connection with, or to promote, the Contest and/or Website, for which you agree to submit a signed release. "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.

5. ENTRY SPECIFICATIONS: During the Entry Period, as a Member you may enter the Contest by visiting the Website, logging in with your Member ID and Password, agreeing to the Rules, complying with the Official Entry Form and following all online entry instructions to submit your Submission (collectively, "Entry"). If you are not a Member, you may become a Member for free by visiting the Website and registering by providing the requested information on the Registration Form through the link on the site: "Not registered?" Upon becoming a Member by registration, you may enter 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 Sponsor in writing if you change your Address. To do so, go to http://register.go.com/go/memberservices/home, log into your Website account with your Member ID and Password, click on "Modify" and follow the instructions on how to change the Address.

6. CONTEST MATERIALS: The term "Materials" includes the following (individually and collectively and any and all element contained therein): [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 Sponsor 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 Sponsor or not, including the Submission. Except as specifically provided herein, by entering the Contest, you agree to grant to Sponsor a non-exclusive, 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, for trade, advertising, promotional, commercial or any other purposes without further review, notice, approval, consideration or compensation. Entrants agree that Sponsor or Sponsor's affiliated companies may, but are not required to attribute the Material or part thereof, to Entrant. By submitting the Material, Entrant waives and releases and holds the Entities harmless from any and all claims that entrant or any third party may now or hereafter have based on defamation, privacy, publicity, unfair competition or moral rights (droit moral) with respect to the Material and anything contained therein. 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.

7. REPRESENTATIONS: 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, including privacy and publicity rights; [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 includes and/or 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 or persons other than members of your family and [7] do not contain material which is objectionable (i.e. sexually implicit, contain mention or reference to drugs, alcohol, vulgarity, profanity, etc.) or unlawful as determined by Sponsor in its sole discretion. You further represent and warrant to Sponsor that: [a] you have all rights, licenses, permissions and consents necessary to submit the Materials in accordance with the Rules; [b] no person or entity other than you has any right, title or interest in and to any part of the Materials and [c] 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 Representations and Warranties at any time.

8. LIMITATIONS: 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 5 are void. 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; 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, 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 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.

9. PRIZES: FIVE (5) GRAND PRIZES: (as determined by the Judges): a five (5) day / four (4) night trip for winner and three (3) companions, one of whom is a Child (individually, "Guest" and collectively "Group") to Honolulu, HI, to participate in Disney's Magic of Healthy Living The Weekend on Sponsor-selected dates between May 30, 2012 and June 4, 2012 ("Trip"), consisting of the following elements for the Group: [a] hotel accommodations at Aulani, a Disney Resort and Spa in Ko Olina Hawai'i (one standard garden view room/quad occupancy, including room tax) for four (4) nights; [b] for winner only, meal coverage allowance awarded as one (1) Disney Gift Card ("Gift Card") with a value of one thousand six hundred dollars ($1,600); [c] if winner's residence is located other than on the Island of Oahu, 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 the Honolulu International Airport (with possible layovers); [d] if air transport is provided, airport/hotel transfers; [e] one (1) Hawaiian Excursion experience ("Excursion"),[f] the opportunity for the winner and Child to participate in the TRYathalon, a series of events where the winner and Child (featured in the Photo), will be able to try new foods, fun moves and simple ways to be your best; [g] the opportunity for Child be appear in a televised TRYathalon special on DisneyXD and opportunity for winner and Child to appear in FamilyFun Magazine, Family.com and Disney.com. Approximate retail value ("ARV"): $8,510, which will vary depending upon point of departure and seasonal fluctuation of hotel rates and airfares. All terms and conditions of the Gift Card apply. 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 any airport of origin, round-trip transportation between winner's residence and the hotel if winner resides on the Island of Oahu, alcoholic beverages, fax, food, gratuities and tips, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls. Travel and lodging are subject to availability, certain restrictions, blackout dates and Sponsor's approval. Airline carrier and hotel regulations and conditions apply. Winner must take Trip on Sponsor-selected dates between May 30, 2012 and June 4, 2012, or Trip will be forfeited in its entirety and awarded to an alternate winner at Sponsor's sole discretion. Travel must be made through Sponsor's agent and Sponsor shall determine airline and flight itinerary in its sole discretion. Once the travel schedule has been arranged, it cannot be altered and failure to follow such schedule shall not obligate Sponsor in any way to provide alternate arrangements. Releasees are not responsible for airline cancellations or delays.

KABOOM! IMAGINATION PLAYGROUND PARTICIPATION: Each Grand Prize winner will also have the opportunity to participate in the selection of a community to receive a grant ("Grant") for a Playground In A Box. Disney and KaBOOM! will contact each Grand Prize winner to describe the criteria that the selected community must meet in order to receive the Grant and to discuss possible communities meeting such criteria in the Grand Prize winner's state of residence. Thereafter and taking into account any suggestions from the Grand Prize winner, Sponsor and KaBOOM! will identify a list of potential recipient communities and present such list to each Grand Prize winner, who may choose a recipient community from among such list. If no community is selected by a Grand Prize winner within one week of being presented with such list, the recipient community will be selected by Sponsor and KaBOOM! so that the Grant may be awarded prior to December 31, 2012.

FIVE (5) FIRST PRIZES: (as determined by the Judges): one (1) Disney Gift Basket, including a Sponsor-selected assortment of gardening supplies, health, beauty and food products (ARV: $175).

FIVE (5) VOTER'S CHOICE PRIZES: (as determined by the Voters): One (1) $100 Disney Gift Card.

Total ARV of all prizes: $43,925. Limit of one (1) prize per person/Address. If the actual value of a prize is less than the stated ARV, the difference will not be awarded. Any depiction of prize is for illustrative purposes only. Prizes are 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. Sponsor will not replace any lost, mutilated or stolen tickets, travel vouchers or certificates. Prize elements may not be separated. Airline tickets issued in conjunction with a prize are not eligible for frequent flyer miles, and no code share flights may be used. Prizes cannot be used in conjunction with any other promotion or offer. All prizes will be awarded provided a sufficient number of eligible Entries are received and prizes are validly claimed by May 1, 2012, after which no alternate winners will be selected, nor unclaimed prizes awarded.

10. DETERMINATION OF WINNERS: In order to determine the winners, Entries will be judged by a panel of judges made up of Sponsor's representatives ("Judges") to select five (5) potential Grand Prize winners and five (5) potential First Prize winners using the following criteria (weighted according to the accompanying percentage): (1) Relevancy to the Topic: Do the TRYit actions incorporate healthy new foods or new moves? (40%); (2) Originality – How unique are your ideas? Let your originality shine through! Feel free to use your creativity and think and share information in new ways! (20%); (3) Leadership – Can your TRYit ideas inspire, lead or motivate others in your community? Can your TRYit ideas inspire, lead or motivate others to make healthy change? Do they incorporate healthy new foods, fun new moves, or other healthy ideas that are easy for others to learn? (20%) and (4) Family Involvement: Are all family members involved in the TRYit ideas? How did the family participate in the creation and submission of the Entry? What impact have the TRYit ideas had on your family? Have they resulted in significant and positive changes? (20%) (collectively, "Criteria"). In the event of a tie, the winner will be determined using the highest score in "Relevancy to the Topic" then the "Originality" criterion, followed by the "Leadership" criterion and Family Involvement criterion, as needed. On or about March 19, 2012, the potential Grand Prize and potential First Prize winners 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 and voting.

11. WINNERS: The potential Grand Prize winners will be notified via overnight mail and/or email on or about March 19, 2012; the potential First and Voter's Choice Prizes will be notified via First Class US Mail on or about March 21, 2012. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] a potential winner's failure to respond to notification within three (3) business days after its mailing/transmission; [2] the return of an email notification as undeliverable after three (3) attempts; [3] a potential winner's failure to provide Sponsor with satisfactory proof of age, identity and residency; [4] a potential Grand Prize winner's failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within five (5) business days from date of mailing; [5] a potential Grand Prize winner's failure to be available to complete the Trip by June 4, 2012; [6] a potential winner's failure to validly claim a prize by May 1, 2012; [7] a potential First or Voter's Choice winner's failure to validly claim a prize within ten (10) days after it is sent and [8] any other non-compliance with Rules. All members of the Group must travel together on the same itinerary. Each member of the Group (individually, "Participant") is solely responsible for obtaining all of his/her necessary travel documents (i.e. valid photo I.D, passport etc.) before departure. Prior to ticketing, all Participants will be required to execute and deliver a Release of Liability and permission for Sponsor to film the Trip and the TRYathalon. Any Participant who is a Minor must be accompanied at all times during the Trip (including, but not limited to, in-flight, and all prize-related events) by his/her Parent as a Participant. All applicable taxes are solely the responsibility of each winner; and the Grand Prize winner will receive an IRS Form 1099 reflecting the value of his/her prize.

12. PRIVACY POLICY/DATA COLLECTION: Information provided by you for this Contest is subject to Sponsor's privacy policy located at http://disney.go.com/corporate/privacy/pp_wdig.html.

13. CONDITIONS: By entering this Contest and/or accepting any prize, you agree that: [1] you will be bound by the Rules, Privacy Policy, 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 any 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 Contest or prizes; [5] winner's acceptance of any 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 Contest 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 winners by such method as Sponsor in its sole discretion shall consider equitable and in the event a Trip has already commenced, to terminate the Trip and return all Participants 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, 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] Sponsor has the right to modify prize award procedures at its sole discretion; [11] the Sponsor has the right, at any time and at its sole discretion, to disqualify any individual it suspects to be doing any of the following: (a) 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 terms of service, privacy policy or other terms, conditions of use and/or general rules or guidelines of any Contest property or service; (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or (e) for any other good cause as determined solely by the Sponsor; [12] Sponsor has the right to lock out an entrant whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter the Contest; [13] since any attempt by any individual to damage the Website or undermine the legitimate operation of this Contest or the Website is a violation of these Rules as well as criminal and civil laws, and should Sponsor believe or become aware that such an attempt has been, is being, or will be made, it has the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution; [14] all disputes, claims and causes of action at law or in equity (individually, "Claim") arising out of or relating to this Contest, the meaning or interpretation of the Rules or any prize awarded shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state; [15] all Claims shall be resolved individually, without resort to any form of class action; [16] all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys' fees, and under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased; [17] a winner's acceptance of any prize constitutes the grant of an unconditional right to Sponsor and assigns to photograph, film, or otherwise capture the fulfillment of the prize including the TRYathalon ("Fulfillment Filming"), and Sponsor shall have the unconditional right to reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize with visual material, modify, amend, create derivative works, and otherwise use and permit others to use the Fulfillment Filming throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions, in perpetuity, without compensation, except where prohibited by law; [18] Sponsor's use of the Fulfillment Filming as described herein will not give rise to any claims of infringement, invasion of privacy, defamation or claims for performance or payment of any kind, including but not limited to payment of re-use fees, residuals or license fees; [19] Sponsor shall have the right to make such changes to the Fulfillment Filming and make such uses thereof as it deems necessary or desirable, including but not limited to the right to use, edit, and reproduce and/or alter said Fulfillment Filming in perpetuity, in its entirety or in part, for any commercial and promotional purposes worldwide without any consultation or additional permission, or compensation, credit or attribution; [20] Sponsor has the right to conduct a background check ("Check") of any and all records of each Participant, including without limitation, civil and criminal court records and police reports, which he/she, to the extent necessary under law, shall authorize; [21] Sponsor may take all steps necessary to corroborate any information provided to Sponsor by any Participant, and he/she will be obligated to provide necessary contacts and information for the Check, and [22] if any felony or misdemeanor conviction is found respecting any Participant, or if there is anything that conflicts with Sponsor's image, Sponsor has the right, in its sole discretion, to disqualify the Participant from participating in the Trip or portions of the Trip and to pay the winner a cash substitute for the Trip or those portions that are removed, but no cash substitute will be paid to any other Participant.

14. RULES & WINNERS' LIST: For a list of the winners (after March 21, 2012) and or Rules (before March 12, 2012), send a self-addressed, stamped #10 envelope to: Magic of Healthy Living TRYit Contest, c/o Ventura Associates International LLC, Dept. VP, 1040 Sixth Avenue, NYC, NY 10018, designating either "winners" or "Rules."

Contest Photo Tips and Guidelines:
  • Avoid clutter. Keep the background simple -- your family is the star!
  • Daytime, natural light is best. If your area is bright enough, try taking the photo without the flash.
  • Upload a horizontal photo. If you crop the image on your computer, make sure you keep a landscape 4:3 aspect ratio.
  • For best results, make your image 1200x900 (or "save for web").
  • With a digital camera, you can take as many photos as possible and choose the best one. Have fun!