Disney Family Movies’ Halloween Photo Fun Contest 2017
NO PURCHASE NECESSARY.
VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND
POSSESSIONS AND WHERE PROHIBITED BY LAW.
1. Eligibility: The Disney Family Movies’ Halloween Photo Fun Contest (“Contest”) is only open to persons who are permanent legal residents of the fifty (50) states of the U.S., the District of Columbia (“D.C.”) (excluding Guam, Puerto Rico, and all other U.S. territories and possessions) who are currently physically located therein, and who are thirteen (13) years of age or older as of the date of entry. Entrants must have a valid Social Security number. If an entrant is a resident of a jurisdiction that deems him/her to be a minor, he/she must obtain parental/legal guardian consent prior to entering the Contest or submitting any personally identifiable information. A minor is defined as a resident of Alabama or Nebraska who is under nineteen (19) years of age, a resident of Mississippi who is under twenty-one (21) years of age or anyone who is under the age of eighteen (18) in the remaining forty-seven (47) states (“Minor”). Employees of Buena Vista Television, LLC (“Sponsor”), The Walt Disney Company, Disney; Disney-ABC Home Entertainment and Television Distribution, Enteractive Solutions Group, Inc. (“Contest Administrator”), their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Contest, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, prize suppliers, any other person or entity associated with the Contest (collectively “Contest Entities”) and/or members of their immediate families (i.e. a spouse, domestic partner, child, sibling, or parent) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Contest.
3. Photo Agreement and Requirements: Each Entrant must own the camera equipment used to take the Photo prior to entering this Contest. No purchase of any camera equipment is required. The Entrant and/or a Contributor must not be a professional photographer (i.e. an individual who receives payment for their photography services). Each Entrant and his/her Photo(s) must adhere to the following guidelines and requirements:
a. The Photo(s) must be submitted in one (1) of the following formats: .JPG, .PNG, .BMP, GIF or TIFF and it is recommended that Photo(s) are at least 480px by 480px and do not exceed 20 MB.
b. The Photo(s) must be wholly original and be the Entrant’s own creation, and Entrant warrants that he/she has secured all necessary rights relating to its use and the use of the content and/or Contributor(s) in the Photo(s).
c. ContesThe Photo(s) iv. cannot contain the first name, last name, phone number(s), address, email address (or other personal information) of the Entrant or any other person.
d. No Entry from a group or organization is accepted.
e. The Photo(s) must not have been previously entered in any competition or contest; won any award prior to submission in this Contest; and must not have been previously published, performed or otherwise exhibited.
f. The Photo(s) must not contain or depict any objectionable, unlawful, defamatory, obscene, sexually explicit, threatening, abusive, harassing, hateful, discriminatory, political, vulgar, racially or ethnically-motivated material, and must be otherwise fit for publication/posting/uploading, as determined by Sponsor in its sole and absolute discretion.
g. The Photo(s) must not include materials (language, phrases, quotations, trademarks, logos, artwork, products or brand names not owned or licensed by the Sponsor or its affiliates) belonging to or copyrighted by third parties.
h. The Photo(s) must not contain or otherwise make available any unsolicited or unauthorized advertising, “commercial pitch,” promotional materials, junk mail, spam, pyramid schemes, political party affiliations, or any other form of solicitation.
i. The Photo(s) must not contain any material that: (i) would give or threaten to give rise to criminal or civil liability; (ii) encourages conduct that constitutes a criminal offense; (iii) encourages or provides instructional information about illegal activities; or (iv) encourages acts of violence or dangerous stunts/behavior.
j. The Photo(s) must not contain any references to alcohol, tobacco, drug paraphernalia, firearms, or any description or representation thereof.
k. The Photo(s) must not include obscenities or other objectionable material that defames or invades the publicity or privacy rights of any person (living or deceased), or that otherwise infringes upon any third party’s personal or proprietary rights, as determined by Sponsor in its sole and absolute discretion.
l. The Photo(s) must not contain or transmit any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network operated by any of the Contest Entities or the computers, of any individual or entity participating in or otherwise associated with this Contest.
m. The Photo(s) must not disparage the goodwill or business reputation of the Sponsor.
n. Each Entrant represents and warrants that he/she has obtained the permission of each Contributor and that each Contributor has granted the Entrant the rights to Sponsor as described in these Official Rules.
o. All legal responsibilities under these rules of any person deemed to be a Minor are assumed by such Minor’s parent/legal guardian.
The Sponsor has the right to disqualify any Photo and subsequently any Entrant’s Entry that does not adhere to the above requirements, that is not reasonably pertinent to the judging criteria (described in section 4 below), or is otherwise in violation of these Official Rules as determined by the Sponsor in its sole and absolute discretion.
IF APPLICABLE, ENTRIES AND PHOTOS POSTED ON THE WEBSITES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF ENTRIES AND PHOTOS. SPONSOR RESERVES THE RIGHT NOT TO POST, DELETE A POST, AND/OR MAY DISQUALIFY ANY ENTRY OR PHOTO THAT IS IN VIOLATION OF THE RESTRICTIONS AND GUIDELINES SET FORTH IN THESE OFFICIAL RULES, OR DOES NOT ADHERE TO THE ABOVE CRITERIA, OR IS NOT REASONABLY PERTINENT TO THE JUDGING CRITERIA (DESCRIBED IN SECTION 4) AS DETERMINED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION. IF THE SPONSOR OPTS TO POST ANY PHOTOS ONLINE DURING THE ENTRY PERIOD, THAT ENTRY IS NOT CONSIDERED A POTENTIAL WINNER AND THAT ENTRY HAS NO ADVANTAGE OVER ANY OTHER.
4. Judging and Winner Notification: Entries (and each individual Photo) will be judged on a rolling basis starting on or about October 10, 2017 at 10:00 a.m. Pacific Time (“PT”) and continuing until on or about November 14, 2017 at 5:00 p.m. PT (“Judging Period”). The judging will be conducted by the Sponsor’s representatives (“Judges”) whose decisions are final and binding in all respects. Each individual eligible Photo will be judged according to the following judging criteria and scoring system for each Category: (a) one to one-hundred (1-100) points for Creativity; (b) one to one-hundred (1-100) points for Authenticity and Execution; and (c) one to one-hundred (1-100) points for Fun; for a total of three-hundred (300) possible points (“Judging Criteria”). The Entry that receives the highest total combined score based on the above Judging Criteria will be deemed the winner of that specific Category in the Contest. In the event of a tie, the Entry that received the higher score for “Creativity” will be declared the winner in the applicable Category. In the event of a further tie, the Entry who received the higher score for “Authenticity and Execution” will be declared the winner in the applicable Category. In the event of a further tie, the Judges, in their sole and absolute discretion, shall choose a winner for the applicable Category based on an evaluation of which Entrant’s Photo is superior overall taking all Judging Criteria into consideration. Each winner (as determined by the judging process) will be deemed a potential winner until his/her eligibility has been verified and the completion of the document(s) required have been received by the Contest Administrator.
Each potential winner (or his/her parent/legal guardian if potential winner resides in a jurisdiction that deems him/her to be a Minor), will be notified by email (from the information provided in his/her Entry) on or about November 15, 2017, and be required to complete an “Eligibility Questionnaire” administered by the Contest Administrator via email (from the information provided in his/her Entry). Each potential winner (or his/her parent/legal guardian if potential winner resides in a jurisdiction that deems him/her to be a Minor) will have two (2) business days to respond to the prize notification email. If a potential winner (or his/her parent/legal guardian if potential winner resides in a jurisdiction that deems him/her to be a Minor) does not respond within two (2) business days; he/she is found to be ineligible, if his/her prize notification is returned as undeliverable, or he/she does not comply with these Official Rules, such potential winner(s) will be disqualified and the Entrant whose Photo received the next highest score (in the applicable Category) will be declared a potential winner.
In addition, each winner or Contributor to a winning Photo (if applicable), will be required to complete and sign an “Entrant and Contributor Release” within five (5) days of receipt by potential winner or such potential winner may be disqualified and the Entrant whose Photo received the next highest judging score (in the applicable Category) may, in Sponsor’s sole and absolute discretion, be declared a potential winner. If a potential winner is resident of a jurisdiction that deems him/her to be a Minor, his/her parent or legal guardian will be required to sign the Entrant and Contributor Release on his/her behalf. Entrant and Contributor Release will include, among other things, a representation of the Photo’s originality, a grant to Sponsor of all rights to the Photo and associated with posting his/her Photo on Sponsor’s Websites and/or in social media. By returning a completed Entrant and Contributor Release, winner attests to the authenticity of his/her Photo. Once Sponsor receives each potential winner’s complete information, he/she will be verified, and if he/she is deemed a winner, the prize will be shipped within six to eight (6-8) weeks. Judges have the right, in their sole discretion, to select fewer than five (5) winners (or no winner at all in a Category) based on an insufficient number or quality of potential eligible Photos received.
5. Prizes: One (1) prize will be awarded for each of the five (5) Categories. Each winner will receive a one-hundred dollar ($100) Disney Gift Card (actual type of Disney Gift Card selected by Sponsor in its sole discretion). Approximate retail value (“ARV”) of each prize: $100.00. The total ARV of all prizes: $500.00. The terms and conditions of the Disney Gift Card are available at https://www.DisneyGiftCard.com/Terms. Disney Gift Card redemption options can be found at: https://www.DisneyGiftCard.com/ProductInformation/WhereToUse. Disney Gift Cards cannot be exchanged/redeemed for cash or combined with any other offer and are subject to stated terms and conditions No transfer or substitution of a prize. All expenses associated with the receipt or use of a prize not specifically mentioned as being included are excluded and are each winner’s sole responsibility. Prize(s) and prize notifications will only be mailed/shipped to street addresses in the U.S. (including D.C.). Any depiction of the prizes in Contest materials (or otherwise), are for illustrative purposes only. All federal, state, or other tax liabilities (including but not limited to income taxes) arising from participation in the Contest or award of any prize(s) will be the sole responsibility of each winner. If a winner is a resident of a state that deems him/her to be a Minor, his/her prize will be awarded in the name of his/her parent/legal guardian. Limit one (1) prize per person/per household. Only an Entrant may be eligible for a prize. Any Contributor to a Photo or Subject in a Photo will not be eligible for a prize unless he/she is deemed the Entrant. Final eligibility for the award of any prize is subject to eligibility verification as set forth in these Official Rules.
6. Rights in Submissions: In consideration of each Entrant’s Entry being reviewed and evaluated for this Contest, each Entrant (or his/her parent/legal guardian if he/she is a Minor) hereby grants to the Sponsor a non-exclusive, irrevocable, fully paid, royalty-free, universal, worldwide, perpetual license to use, copy, edit, sublicense, transmit, distribute, publicly perform, publish, delete or display such Entries and/or Photo(s), or any portion thereof, in any media now known or hereafter devised, for any purpose whatsoever (including without limitation commercial purposes) without any further right of approval. Each Entrant (or his/her parent/legal guardian if he/she is a Minor) represents and warrants that he/she has the sole and exclusive right to grant such rights to Sponsor, and that the Sponsor’s reproduction, publishing, displaying, and/or other use of his/her Entry and/or Photo will not infringe on any rights of third parties, including, but not limited to, copyright, trademark, privacy, or publicity rights, anywhere in the world. Each Entrant (or his/her parent/legal guardian if he/she is a Minor) agrees that Sponsor shall have no obligation to copy, publish, display, or otherwise exploit his/her Photo.
Each Entrant (or his/her parent/legal guardian if he/she is a Minor) authorizes the Sponsor and any entities affiliated or in privity with the Sponsor, to utilize in perpetuity, and in any manner they see fit, the Entries (and/or Photo) submitted to Sponsor, and to make derivative works from such material. Each Entrant (or his/her parent/legal guardian if he/she is a Minor) agrees that the results and proceeds of such use shall become the property of Sponsor and/or Sponsor’s licensees, and shall be freely assignable by Sponsor and that the Contest Entities and their assignees and licensees shall have no obligations whatsoever to Entrant (or his/her parent/legal guardian if he/she is a Minor). Each winner (or his/her parent/legal guardian if he/she is a Minor) agrees to irrevocably assign and transfer his/her Entry and Photo(s) (non-exclusively) to the Sponsor any and all rights, title and interest without limitation all copyright, trademark, privacy, personal, and proprietary or publicity rights worldwide including moral rights).
Each Entrant and each winner (or his/her parent/legal guardian if he/she is a Minor) releases the Contest Entities, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant and each winner (or his/her parent/legal guardian if he/she is a Minor) also grant to the Contest Entities permission to use the following information: full name, city, state, image, likeness, biographical information, voice, Entry Information, and Photo(s) for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media (including posting on the Websites or in any applicable social media) worldwide in perpetuity, unless prohibited by law.
8. Disclaimers: Contest Entities are not responsible or liable for multiple Entries, Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for Entries (including Photos) that are illegible, late, mutilated, tampered with, forged, incomplete, misdirected, lost, misplaced, stolen, destroyed, dropped, inaccessible, corrupted, jumbled or otherwise not in compliance with these Official Rules and such Entries will be disqualified. By entering the Contest, each Entrant agrees and acknowledges that Contest Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with participation in this Contest; human error; incorrect or inaccurate transcription of Entry Information; disputes over who is the Entrant and/or a Subject or Contributor; acceptance/possession, use/misuse, and/or defects of a prize awarded herein; or any other persons providing any components of the prize(s); typographical errors in the Contest promotional material; fraudulent and unauthorized Gift Card uses made with lost, stolen, misplaced or misappropriated Gift Cards, incomplete and inaccurate Gift Card database information and canceled Gift Card uses; technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, upload or “Submit” mechanisms, internet service provider; interruption or inability to access the Contest, the Websites (or Sponsor’s/Contest Administrator’s inability to access content on the Websites), banners, or any online service or link via the internet due to hardware or software compatibility problems; wireless network dead zones or obstructions; any damage to an Entrant’s (or any third person’s) computer/mobile/tablet device, and/or its contents related to or resulting from any part of this Contest or from entering or downloading materials/software in connection with the Contest; any lost/delayed data transmissions, omissions, interruptions, and/or defects or any other errors or malfunctions due to reasons beyond the Sponsor’s and/or Contest Entities’ control; service/completion delays or returns; and/or any other errors or malfunctions even if caused by the negligence of one of the Contest Entities. Contest Entities assume no responsibility for any injury or damage to an Entrant’s or to any other person’s computer, camera, handheld device and/or telephone relating to or resulting from entering, uploading a Photo or Entry Information, downloading an APP, materials and/or software in connection with this Contest. Entrants further acknowledge that said Contest Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with a prize. Contest Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused by or have contributed to: (1) any wrongful, negligent or unauthorized act or omission on the part of a prize supplier (if applicable) or any of its agents, servants, employees or independent contractors, (2) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sponsor or (3) any other cause, condition or event whatsoever beyond the control of Sponsor or their parents, subsidiaries and affiliated companies. This Contest is in no way sponsored, endorsed, administered by, or associated with Facebook and Facebook is completely released of all liability by each Entrant in this Contest. The failure of the Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
9. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Contest, (ii) the awarding or redemption of a prize and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Any controversy or claim arising out of or relating to this agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall be selected by mutual agreement of Sponsor and the Entrant(s) bringing forth the controversy or claim (collectively, the “Parties”) or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Each Entrant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each Entrant further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Contest but in no event attorneys’ fees; and, under no circumstances, will an Entrant be entitled to awards. Each Entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. Should any term of this section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
10. Official Rules/Winners’ List: To receive a copy of the Official Rules or the Winners’ List, send a self-addressed stamped envelope to: Disney Family Movies’ Halloween Photo Fun Contest “Rules” or “Winners” (specify which), P.O. Box 6375, Burbank, CA 91510. The Winners’ List will be available after November 14, 2017 and the winners may be announced on the Websites. All requests must be received by January 8, 2018.
11. Sponsor: Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
12. Contest Administrator: Enteractive Solutions Group LLC (“ESG”), P.O. Box 7398, Burbank, CA 91510-7398. The Contest Administrator is not the supplier or guarantor of any prizes.
©2017 ESG. Entrants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.