The 2008 Disney Dreams Giveaway en español en français
ELIGIBILITY | HOW TO PARTICIPATE | WINNER SELECTION & VERIFICATION PROCESS | PRIZES/ODDS | ADDITIONAL PRIZE RESTRICTIONS/TAXES | MISCELLANEOUS | GOVERNING LAW | COPY OF OFFICIAL RULES | COPY OF WINNERS LIST | PRIZE DESCRIPTIONS | |
The 2008 Disney Dreams Giveaway promotion is only open to legal residents of the fifty (50) United States, District of Columbia, Puerto Rico, Canada, Mexico, the United Kingdom, Australia and Japan. Void outside the fifty (50) United States, District of Columbia, Puerto Rico, Canada, Mexico, the United Kingdom, Australia and Japan and where prohibited by law.
2008 Disney Dreams Giveaway
Official Rules
NO PURCHASE NECESSARY TO ENTER, WIN, PARTICIPATE OR RECEIVE PRIZES. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
The 2008 Disney Dreams Giveaway (the "Giveaway") provides participants with the chance to win prizes starting on January 1, 2008 and ending on December 31, 2008 (the "Giveaway Period"). Each person who participates and/or is awarded a prize in the Giveaway fully and unconditionally agrees to comply with and abide by these Official Rules and the decisions of Magic Kingdom Productions, Inc. ("Sponsor") and Creata (USA) Inc. ("Creata"), the administering agency for the Giveaway, which shall be final, binding and conclusive in all matters relating to this Giveaway.
1.ELIGIBILITY
Void for persons who are not legal residents of the fifty (50) United States ("U.S."), District of Columbia, Puerto Rico, Canada, Mexico, the United Kingdom ("UK"), Australia, Japan and where prohibited by law. Persons in any of the following categories are NOT eligible to participate or win prizes in the Giveaway: (a) persons who on or after May 1, 2006 were or are directors, officers or employees of Sponsor, Creata, or their respective parent, subsidiary, or affiliated companies, any other individuals or companies engaged in the administration, development, production or distribution of the Giveaway, and any advertising or promotion agencies associated with the Giveaway; (b) persons who on or after May 1, 2006 were or are on-site directors, officers or employees of any commercial establishment at the Disney Properties (as hereinafter defined); and (c) persons who are immediate family members (defined as spouse, or biological, adoptive or step- mother, father, sister, brother, daughter, son or any dependent under applicable income tax law) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household, whether an immediate family member or not, as any person in any of the preceding categories. Except as otherwise set forth in these Official Rules, prizes won by a person who is a minor in his or her state, territory, province or country of residence ("Minor") may, in Sponsor's sole discretion, be awarded to his or her parent or legal guardian, and, in the case of prizes that, in Sponsor's sole discretion, require winner verification, that parent or legal guardian will be responsible for completing the verification process and executing all "Prize Claim Documents" (as hereinafter defined) and otherwise complying with all requirements imposed on winners set forth herein. Notwithstanding the foregoing, and unless otherwise permitted by Sponsor in its sole discretion, in the event a Minor is the winner of any prize in which the winner is permitted to travel to, stay at or attend an event, site or destination, such Minor and any guest (as applicable) must be accompanied by his/her parent or legal guardian on such prize and, as applicable, the parent or legal guardian will be considered one (1) of the allotted guests.
2.HOW TO PARTICIPATE
There are 2 ways to enter:
- Y(a) You will automatically be entered into the Giveaway (subject to meeting the eligibility requirements set forth above) and have a chance to be randomly selected to win a prize in the Giveaway by being present during the Giveaway Period in any of: Disney's Animal Kingdom® Theme Park, Epcot®, Magic Kingdom® Park, Disney's Hollywood Studios™, Disney's Typhoon Lagoon Water Park, Disney's Blizzard Beach Water Park, or the Downtown Disney® area near Orlando, Florida (collectively, the "Florida Disney Properties"); or Disney's California Adventure® Park, Disneyland® Park or the Downtown Disney® area in Anaheim, California (collectively, "California Disney Properties"). Each of the Florida Disney Properties and each of the California Disney Properties are individually referred to herein as a "Disney Property" and collectively referred to herein as the "Disney Properties." Sponsor anticipates that potential winners will be selected at the Disney Properties between opening and 5 pm local time; however, certain prizes (for example, Disneyland® Dream Suite and Cinderella Castle Suite) are likely to be awarded early in the day to help ensure that a winner will be able to claim the prize and Sponsor reserves the right in its sole discretion to select winners at the Disney Properties during any operating hours.
- Also, starting on December 19, 2007, eligible participants can enter without being present in a Disney Property by hand-writing their full name, complete mailing address (including postal code), daytime telephone number (including area code), and date of birth on a piece of paper or postcard and sending it with proper postage affixed to: P.O. Box 8650, Elmhurst, IL 60126, USA or if a legal resident of the UK: 2008 Disney Dreams Giveaway,483 Green Lanes, Suite 200, London N13 4BS, England. Limit one mail-in entry per person per day during the Giveaway Period. All mail-in entries must be mailed separately, postmarked on or between December 19, 2007 and December 31, 2008 and received by January 14, 2009 or they will be void.
3.WINNER SELECTION & VERIFICATION PROCESS
- Each day of the Giveaway, numerous prizes will be awarded randomly (subject to a minimum of 2,191 prizes per day) (see prize details in the Appendix at the end of these Official Rules). Prizes may be awarded individually or in groups (for example, one hundred (100) DREAM FASTPASS badges or 100 Pin & Lanyard Set prizes may be awarded at a single time) (each such group of prizes will be referred to in these Official Rules as a "Batch"). Some prizes will be awarded at random on any day during the Giveaway Period (such as the Disney Vacation Club Memberships or the Disney Cruise Line trips) while other prizes are pre-determined by Sponsor to be given away either every day (such as DREAM FASTPASS badges) or on certain days (such as the onenight stays at the Cinderella Castle Suite on the night the prize is awarded). Although both attendees and mail-in entrants are eligible to be selected as winners, certain prizes are Disney Property-specific (for example, DREAM FASTPASS badges, events and overnight stays) and may require same day use, and therefore, are only available to participants present at the California Disney Properties or the Florida Disney Properties (or certain parks or locations within each), as applicable. Mail-in entrants selected to receive a Disney Property-specific prize will be awarded an alternate prize. See Section 3(c) below for additional information. For each prize or Batch of prizes, the Sponsor must first randomly select the pool of entrants from which a winner or winners will be selected. The randomly selected pool of entrants for a particular prize or Batch of prizes will be either: (i) the pool of mail-in entrants received that day; or (ii) the individuals visiting a location that is randomly selected that day from among the many locations within the Disney Properties suitable for that prize or Batch of prizes. When there is a prize that will be redeemed at a specific Disney Property on the day it is awarded, only locations at that Disney Property, plus the pool of applicable mail-in entries, will be included in the random selection. See below for how eligible mail-in entrants will be included in the random selection process on Sundays and U.S. postal holidays and UK postal holidays.
- If, on any given day, a location in a Disney Property is randomly selected: a time for awarding of the prize will also be randomly selected. As mentioned above, Sponsor anticipates that potential winners will be selected at the Disney Properties between opening and 5 pm local time; however, certain prizes (for example, Disneyland® Dream Suite and Cinderella Castle Suite) are likely to be awarded early in the day to help ensure that a winner will be able to claim the prize and Sponsor reserves the right in its sole discretion to select winners at the Disney Properties during any operating hours. Then, Disney Dream Squad Members ("Dream Squad") will arrive at the randomly selected location and: (i) in the case of a single prize, subject to Sponsor's initial verification process, the first person present at that randomly selected location and time will be notified that he/she is a potential winner of the prize; or (ii) in the case of a Batch of the same prize being awarded at the same time, subject to Sponsor's initial verification process, the first number of people matching the number of prizes in that Batch at that randomly selected location and time will be notified that each is a potential winner of one (1) of the prizes in the Batch. For certain prizes that are only good for an event at a Disney Property on the same day or evening as the day the prize is awarded, the potential winner may be required to tell the Dream Squad member(s) (or, if the winner is a Minor, his/her parent/legal guardian must tell the Dream Squad member(s)) within two (2) hours of being selected as a potential winner (and in the manner specified by the Dream Squad member(s) at the time of winner selection) whether or not he/she wants to claim the prize won. The prize descriptions at the end of these Official Rules contain more information about event and day specific prizes. Decisions as to the selection of winners and the identity of the first person or persons present at a randomly selected location and time are subject to the Dream Squad's sole discretion and the Dream Squad's decisions on these matters will be final and binding. Only Dream Squad members can designate a potential winner at the Disney Properties.
- If, on any given day, the mail-in entry pool is randomly selected: the winner(s) of the applicable prize(s) will be determined at random from among all eligible mail-in entries received on the applicable day. All eligible mail-in entries will be bundled and bagged on the date received, except that eligible mail-in entries postmarked on or after December 19, 2007 and received on or before December 31, 2007 will be deemed to have been received on January 1, 2008 and mail-in entries received between December 31, 2008 and through January 14, 2009 will be deemed to have been received on December 31, 2008. Also, for Sundays and U.S. postal holidays on which Disney Properties are open, all eligible mail-in entries received during the prior six (6) mail delivery days will be included in the Sunday or holiday (as applicable) prize selection pool. Mail received in the UK on a U.S. postal holiday will be included in the U.S. postal holiday prize selection pool along with the prior six (6) mail delivery days. For UK postal holidays on which Disney Properties are open, all eligible mail-in entries received at the UK postal address for this Giveaway on the day after the UK postal holiday will also be included in the prize selection pool on the day of that UK postal holiday. Please note that the U.S. and UK holiday calendar will govern this Giveaway. On approximately the 20th day of each month during the Giveaway Period, and on or about January 20, 2009, Marketing Resources, Inc., an independent judging organization engaged by Creata, will conduct random drawings at Marketing Resources, Inc.'s offices in Elmhurst, Illinois to award the prize(s) for each of the days of the immediately preceding month for which mail-in entrants were to be awarded a prize(s). Each drawing will be from among all eligible mail-in entries received on or allocated to the day for which the drawing is taking place. Potential winners from the mail-in entry pool will be notified by mail (or certified mail, return receipt requested, if potential winner is a resident of Puerto Rico) or telephone (at Sponsor's sole discretion) within approximately fifty five (55) days after each monthly drawing. If a prize requiring the winner to be present at a Disney Property is designated for award (such as a DREAM FASTPASS badge or the one-night stay at the Cinderella Castle Suite), a winner entering via mail will receive an alternate prize of comparable or greater approximate retail value ("ARV") as determined by Sponsor in its sole discretion, such as a special edition pin and lanyard, a special edition Dream Mouse Ears or a merchandise gift basket (which may include a Disney Gift Card).
- All potential winners (whether selected at the Disney Properties or those selected from among mail-in entries) must fully comply with Sponsor's verification process, which may require, as a condition of winning and redeeming a prize, completing, signing and delivering an affidavit (or, for residents of Canada, Japan, and the UK (at Sponsor's discretion), a declaration) of eligibility, a liability release, a publicity release (where legally permitted), and any applicable forms, documents and agreements required by tax authorities and/or Sponsor to enable the prize to be awarded (collectively the "Prize Claim Documents") within the time frame specified by Sponsor. In addition, in order for a resident of Canada to be declared a winner, he/she must first correctly answer, without assistance of any kind in ascertaining the correct answer, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered in person or by mail or telephone, at Sponsor's option. Failure to complete, sign and deliver the Prize Claim Documents or to otherwise comply with these Official Rules will result in disqualification and forfeiture of the stated prize. Potential winners selected at the Disney Properties may (in Sponsor's sole discretion) be required to promptly attend to winner verification requirements and participate in press activities, which may interrupt, delay or cause the cancellation of the potential winner's other plans on that day. Except where prohibited by law, in the event a selected potential winner refuses to participate in the winner verification requirements and press activities as requested by Sponsor, he/she will forfeit any prize potentially won and Sponsor will have no further obligation to such winner. Also, should a winner make any false or misleading statements in any document referenced above, as determined by Sponsor, the winner will be required to promptly return his/her prize or the value thereof to Sponsor upon demand. If Sponsor so elects, potential winners will be required to submit to and provide written authorization to Sponsor and/or its designated third party to conduct, where permissible by law, a criminal background check and/or other investigative or security checks. Sponsor reserves the right in its sole discretion to disqualify any winner who Sponsor determines is not permitted by law to receive a prize.
- A potential winner is not an official winner until such potential winner's compliance with these Official Rules (including, without limitation, the eligibility restrictions set forth above), has been verified by Sponsor. If any potential winner is found to be ineligible during the verification process, or if it is determined that any such potential winner has not complied with these Official Rules, such potential winner will be disqualified.
- All prizes legitimately claimed will be awarded. Sponsor will implement reasonable practices to award all prizes. If a selected participant in a Disney Property chooses to accept a prize, but does not use the prize, he/she will forfeit the prize altogether (and its value) and Sponsor will have no further obligation with respect to that winner or that prize. If a selected participant in a Disney Property chooses not to accept a prize, the prize may be randomly awarded again to an alternate winner, time permitting and at Sponsor's discretion and Sponsor will have no further obligation with respect to that participant or prize. If a selected mail-in participant rejects a prize or a prize allocated to a mail-in entrant cannot be awarded for whatever reason, time permitting and at Sponsor's discretion, that prize will be set aside and awarded in a second chance drawing (to be conducted by Marketing Resources, Inc. at their offices in Elmhurst, Illinois on or about February 16, 2009) from among all eligible mail-in entries in this Giveaway.
- IMPORTANT: ANY PERSON ATTEMPTING TO DEFRAUD SPONSOR IN ANY WAY IN CONNECTION WITH THIS GIVEAWAY WILL BE PROSECUTED TO THE FULLEST EXTENT PERMITTED UNDER THE LAW. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
4.PRIZES/ODDS
There will be a variety of prizes offered in the Giveaway (as outlined in the Appendix at the end of these Official Rules), from a membership in the Disney Vacation Club, Disney Cruise Line cruises and other trips and events at various Disney Properties to special edition Disney merchandise. Although both attendees and mail-in entrants are eligible to be selected as winners, certain prizes are Disney Property-specific (for example, DREAM FASTPASS badges, events and overnight stays) and may require same day use, and therefore, are only available to participants present at the California Disney Properties or the Florida Disney Properties (or certain parks or locations within each), as applicable. Also, some Disney Property-specific prizes are only available on certain dates (for example, the Friday the 13th at Disney's Hollywood Studios™ or at Disney's California Adventure® prizes), so that only participants who are present at the relevant Disney Property on that day will be eligible for that prize. In any event, if a mail-in entrant is selected to win a Disney Property-specific prize and/or a date-specific prize (for example the Cinderella Castle Suite or DREAM FASTPASS badge for the Magic Kingdom® Park), then Sponsor will award the mail-in winner a prize of comparable or greater ARV as determined by Sponsor in its sole discretion, such as a special edition pin and lanyard set, a special edition Dream Mouse Ears or a merchandise gift basket (which may include a Disney Gift Card). Please check www.disneyparks.com/eventdates periodically for information relating to most events.
For a complete description of all the prizes being offered in the Giveaway, including their ARVs, see the Appendix at the end of these Official Rules.
General Restrictions on Trip Prizes
All meals, gratuities, in-room charges, off-ship excursions/activities and some on-board activities (if applicable), travel expenses, transfers, taxes (with the exception of airport taxes and hotel taxes if a winner is a Puerto Rico resident), ground transportation and any other costs and expenses not specified in each trip prize description as being provided are the sole responsibility of the winner. Except as expressly stated in the applicable trip prize description: specific travel arrangements will be made in Sponsor's sole discretion; travel must originate from and end at the same airport (which will be the major metropolitan airport nearest the winner's residence (as determined by Sponsor)); if a winner lives within a 150 mile radius of the designated origination or ending point of the trip, Sponsor reserves the right to award ground transportation selected by Sponsor in its sole discretion in lieu of air travel and the difference in value (if any) will not be paid to the winner; flight schedules are subject to change without notice; cruise prizes are subject to cruise itinerary; travel is subject to availability; blockout dates and capacity controls may apply; winner may be required to provide a credit card at time of hotel check-in (if hotel is part of the trip prize) to cover incidentals; the winner and his/her guest(s)(if any) must travel together on the same itinerary, including, without limitation, the same departure date, destination and return date; Minors must be accompanied by a parent or legal guardian on the trip; and it is the winner's/guest's sole responsibility to comply with all travel requirements, which may include, without limitation, presenting a passport, travel insurance, any visas necessary or other identification (including photograph) at the time of travel. Certain trips (including, but not limited to, the Ultimate Pirate prize, the Disney Cruise Line®® Land & Sea VIP prize, and the Ultimate New Years Eve trip) must be taken on dates indicated by Sponsor at time of winner notification and, if winner is unavailable on such dates, the prize will be forfeited in its entirety without compensation and Sponsor will have no further obligation to winner. Other trips must be completed by September 30, 2009 and will require advance notice of at least ninety (90) days prior to intended date of departure or prize will be forfeited in its entirety without compensation and Sponsor will have no further obligation to winner. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip prize winners (or, if Minors, their parents or legal guardians) agree that any guests (or, if Minors, their parents or legal guardians) will be required to comply with Sponsor's guest procedures, sign and return a release of liability and, where legal, a publicity release to Sponsor in the timeframe specified by Sponsor or travel will not be allowed. Once selected by winner, guest(s) cannot be changed without the express consent of Sponsor, which may be withheld for any reason. By accepting a trip prize, each trip prize winner (or, if Minors, their parent or legal guardian) agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Giveaway activity, including, without limitation, use of the trip prize. Trip prize winners (or, if Minors, their parents or legal guardians) understand and agree that Sponsor has the right, in its sole discretion, to disqualify and remove the prize winner or his/her guest from any activity at any time if the prize winner or his/her guest's behavior at any point is disruptive or may or does cause damage to person, property or the reputation of Sponsor or otherwise violates the policies of the prize providers. ARV of trip prizes are based on sample Chicago, Illinois departures, unless otherwise indicated herein. Actual retail value of any prize may fluctuate during the Giveaway Period, due to market conditions, changes in value of components (e.g., air transportation and hotel rates) and other reasons, and actual retail value at time of actual prize award may be different than ARV stated herein due to such conditions. Sponsor is not responsible for and winner will not receive the difference between the actual value of a prize at the time of award and the stated ARV in these Official Rules. All tours included in any trip itinerary are conducted in English.
General Restrictions on Event Prizes
By entering this Giveaway and accepting an event prize, each event prize winner (or, if a Minor, his/her parent or legal guardian) agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Giveaway activity, including, without limitation, use of the event prize, and to comply with any event venue rules and regulations as applicable. Event prize winners (or, if Minors, their parents or legal guardians) understand and agree that Sponsor has the right, in its sole discretion, to disqualify and remove the prize winner or his/her guest from any activity at any time if the prize winner or his/her guest's behavior at any point is disruptive or may or does cause damage to person, property or the reputation of Sponsor or otherwise violates the policies of the prize providers. Location of seating and any other prize details not specifically set forth in the applicable event prize descriptions provided as part of any event prize will be decided by Sponsor in its sole discretion. All tours included in any event prize are conducted in English.
Additional General Prize Information
Actual retail value of any prize may fluctuate during the Giveaway Period, due to market conditions, changes in value of components (e.g., airfare and hotel rates) and other reasons, and actual retail value at time of actual prize award may be different than ARV stated herein due to such conditions. Sponsor is not responsible for and winner will not receive the difference between the actual value of a prize at the time of award and the stated ARV in these Official Rules. Any prize details not specifically set forth in the applicable prize descriptions will be decided by Sponsor in its sole discretion. All tours included in any prize are conducted in English.
Odds
The odds of being randomly selected as a winner on a given day depend on the number of eligible participants at a selected location or within the mail-in entry pool for the time or date (as applicable) selected. A person may win more than one prize. Odds of winning a prize in the second chance drawing, if any, depend on the number of un-awarded prizes randomly allocated to mail-in entrants, if any, and the number of eligible mail in entries received.
5.ADDITIONAL PRIZE RESTRICTIONS/TAXES
General:
Additional details and other restrictions of the prizes will be provided to each official winner upon award of the prize. For example, DREAM FASTPASS badges and Disney Gift Cards are subject to certain terms and conditions as specified by issuer. Except as otherwise provided herein, prizes are not transferable, may not be substituted (in whole or in part), and may not be redeemed for cash, except at Sponsor's sole discretion. Sponsor reserves the right to award, in its discretion, a substitute prize (or portion thereof) of comparable or greater ARV for whatever reason, including, without limitation, prize unavailability.
Taxes:
All taxes (including, without limitation, U.S. federal, foreign, provincial, state and local taxes (including, but not limited to income taxes), VAT, GST, and, where legal, import duties and fees, as applicable) on or connected with any prize, and the reporting consequences thereof, and any other expenses not specifically included in the prize descriptions in the Appendix are the sole and exclusive responsibility of each winner. Certain prizes described in the Appendix include a cash portion to be used toward the payment of taxes. Sponsor makes no representation or warranty that the cash portion of any prize will be sufficient to pay winner's tax liability. Sponsor reserves the right to withhold applicable taxes as required by law (including, without limitation, United States taxes applicable to foreign resident winners and California state tax applicable to non-California resident winners) and to reduce the cash portion of any prize which includes a cash portion accordingly. To the extent that the cash portion of a prize is insufficient, or where a prize has no cash portion included, winner may be required to pay to Sponsor an amount to cover the balance or the entire amount, as the case may be, of all applicable withholding taxes at the normal rates required by law (notwithstanding any tax treaties that may provide for lower rates of tax withholding, including exemption from withholding with the satisfaction of qualification requirements) prior to prize award and failure to do so will result in disqualification.
6.MISCELLANEOUS
- General Rules. The completion of the verification process is solely the responsibility of
each potential winner (or his/her parent or legal guardian, if winner is a Minor). Sponsor will not be responsible for any of the following: incomplete, illegible, inaccurate, delayed, misdirected, damaged, corrupted, postage-due, late or lost Prize Claim Documents, mail-in entries, or other communications; technical, programming, hardware or software failures of any kind; lost or unavailable network connections; any infection by computer virus or bugs; failed, incomplete, garbled or delayed computer transmissions; incorrect or inaccurate information; or errors, typos, or misprints in these Official Rules or in any Giveaway-related advertisements or other materials, whether caused by Sponsor or by any human error or any closure of all or any part of any location(s) within the Disney Properties during the Giveaway Period for any reason (however, for UK residents only, except to the extent that any errors, typos, or misprints in these Official Rules or in any Giveaway-related advertisements or other advertising materials occurs for reasons within Sponsor's reasonable control, where liability to the injured party cannot be excluded by law). Entries and Prize Claim Documents submitted become the property of Sponsor and will not be returned. Each official winner will
receive the prize and/or redemption instructions upon verification as an official winner.
By participating, each participant (and his/her parent or legal guardian if he/she is a Minor) releases and agrees to INDEMNIFY AND HOLD SPONSOR, CREATA, AND EACH OF THEIR RESPECTIVE SUCCESSORS, ASSIGNS, PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, CONTRACTORS, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE "GIVEAWAY ENTITIES") HARMLESS FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, DAMAGES, OR ANY OTHER INJURY, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, TO PERSON(S) OR PROPERTY (INCLUDING, WITHOUT LIMITATION, DEATH OR VIOLATION OF ANY PERSONAL RIGHTS, SUCH AS VIOLATION OF RIGHT OF PUBLICITY/PRIVACY, LIBEL, OR SLANDER), DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO PARTICIPATION IN THE GIVEAWAY, OR ARISING OUT OF PARTICIPATION IN ANY GIVEAWAYRELATED ACTIVITY OR TRAVEL-RELATED ACTIVITY, OR THE RECEIPT, USE OR MISUSE, OF ANY PRIZE, TRAVEL OR ACTIVITY-RELATED THERETO (HOWEVER, FOR UK RESIDENTS ONLY, EXCEPT TO THE EXTENT THAT ANY DEATH OR PERSONAL INJURY IS CAUSED BY THE NEGLIGENCE OF SPONSOR, CREATA OR OTHER THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW). FURTHER, THE GIVEAWAY ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR OTHER AUTHORITY. EACH TRIP, DISNEY VACATION CLUB MEMBERSHIP AND EVENT PRIZE WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER GUESTS (IF ANY) RELATED TO ANY GIVEAWAY ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO THE GUEST'S USE OF A TRIP OR EVENT PRIZE(HOWEVER, FOR UK RESIDENTS ONLY, OTHER THAN DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY NEGLIGENCE OF SPONSOR, CREATA OR OTHER THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW). By accepting a prize or otherwise participating in the Giveaway, winners or participants (or their parents or legal guardians if winners are Minors) agree to the use of their name, voice and likeness, along with their address (city and state/province/territory/country) and any statements made by or attributed to such winners or participants (including, without limitation, any statements written in a guest or similar book, log or record) in any and all media (including, without limitation, print, broadcast and Internet), now known or hereafter devised, in perpetuity and throughout the universe for advertising, trade and promotional purposes in connection with the Giveaway and other promotions conducted by Sponsor or its affiliates, parents or subsidiaries, without further compensation, review or approval, and hereby release the Giveaway Entities from any claims or liability arising out of or with respect to such use. In addition, winners (or their parents or legal guardians if winners are Minors) agree to the use of their name and address and other biographical information in any winners' list provided in connection with the Giveaway (e.g., to a regulatory authority or through request). For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement. - Disqualification/Force Majeure. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the operation of the Giveaway; to be acting in violation of these Official Rules; or to be acting in a disruptive manner, or to be disrupting or undermining the legitimate operation of the Giveaway, or to be annoying, abusing, threatening or harassing any other person and all associated entries of such individual will be void. Except as may be prohibited by law, and subject to the approval of the Régie des alcools, des courses et des jeux with respect to residents of Quebec, Sponsor reserves the right, without prior notice and at any time, to terminate the Giveaway, in whole or in part, or modify, suspend, or extend the Giveaway in any way, if it determines, in its sole discretion, that the Giveaway is not capable of running as planned for any reason, including, without limitation, as a result of an event of force majeure or fraud. Without limiting the generality of the foregoing, if for any reason, the Giveaway administrator and/or Sponsor mistakenly selects more potential winners than there are prizes available, the applicable prizes may be awarded by Sponsor in a random drawing from among all of the participants identified by Sponsor as valid, non-suspect potential winners for those prizes. Only the type and quantity of prizes described in these Official Rules will be awarded. If, despite reasonable efforts, a potential winner does not respond, or if the prize, any prize documentation or prize notification is declined, unclaimed or undeliverable, or if any potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, such potential winner may forfeit his or her prize in Sponsor's sole discretion and the prize may be awarded to an alternate winner. No more than the stated number of prizes will be awarded.
- DISCLAIMER OF WARRANTIES. EXCEPT AS MAY BE SEPARATELY PROVIDED TO PARTICIPANTS BY LAW OR IN WRITING BY THE GIVEAWAY ENTITIES, THE GIVEAWAY ENTITIES MAKE NO WARRANTIES, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREAFTER ENACTED, CONCERNING ANY PRIZE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Invalidity/Headings. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
- Language Discrepancies. In the event there is a discrepancy or inconsistency between the English language version and any translated version of these Official Rules, unless otherwise provided by law, the English version shall prevail and govern. Similarly, in the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern.
7.GOVERNING LAW
Except where prohibited, by participating in the Giveaway, participants (if a Minor, participant's parent/legal guardian) agree that: (a) except as otherwise specifically set forth in these Official Rules, any action arising out of or relating to these Official Rules or the rights and obligations of any participant and/or Sponsor shall be filed exclusively in the U.S. District Court for the Middle District of Florida (or if the District Court shall not have jurisdiction over the subject matter thereof, then to the Circuit Court of the 9th Judicial Circuit in and for Orange County, Florida) and participants hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action, and any right to a trial by jury and a trial by jury is hereby waived,, (b) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of any participant and/or Sponsor shall be resolved individually, without resort to any form of class action, and (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Giveaway, and in no event will participants be entitled to receive attorneys' fees or other legal costs; and (d) under no circumstances will participants be permitted to obtain injunctive or other equitable relief and a participant's sole remedy will be an action at law for damages to the extent allowed by sub-paragraphs (c) and (e) of this Section 7; and (e) under no circumstances will participants be permitted to obtain awards for and participants hereby waive all rights to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-ofpocket costs described in (c) above (however, for UK residents only, except to the extent that such damages for death or personal injury are caused by negligence of Sponsor, Creata or other third party, where liability to the injured party cannot be excluded by law); and (ii) have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and/or Sponsor shall be governed by and construed in accordance with the laws of the State of Florida without giving effect or regard to any principles or doctrines of conflicts of law of the State of Florida or any other jurisdiction.
8.COPY OF OFFICIAL RULES
For a copy of these Official Rules, go online to www.disneyparks.com/rules, visit guest relations locations within the Disney Properties, or mail, postage pre-paid, a hand-written self-addressed stamped envelope ("SASE") to: P.O. Box 1517, Elmhurst, IL 60126 (residents of the UK may send requests to: 2008 Disney Dreams Giveaway Winners List/Rules Request, 27 Old Gloucester Street, London WC1 N3XX, England) (please indicate that your request is for Official Rules). Only one request per outer envelope, mailed separately, will be fulfilled. All Official Rules requests must be received between September 4, 2007 and December 31, 2008. Do not send comments or questions to this address. Residents of Vermont and Canada may omit return postage on Official Rules requests.
9.COPY OF WINNERS LIST
To obtain a list of major prize winners, go online to www.disneyparks.com/winners or mail, postage pre-paid, a hand-written SASE to: P.O. Box 1518, Elmhurst, IL 60126 (residents of the UK may send requests to: 2008 Disney Dreams Giveaway Winners List/Rules Request, 27 Old Gloucester Street, London WC1 N3XX, England) (please indicate that your request is for a winners list). The major prize winners list will be mailed when the Giveaway is officially over and winners are verified and prizes are awarded. A list of major prize winners will be available no sooner than April 15, 2009 and not after sixty (60) days from the date of first availability. Only one request per outer envelope, mailed separately, will be fulfilled. Do not send comments or questions to this address. Residents of Canada may omit return postage.
The 2008 Disney Dreams Giveaway is sponsored by Magic Kingdom Productions, Inc., Post Office Box 10000, Lake Buena Vista, Florida 32830-1000.
APPENDIX
PRIZE DESCRIPTIONS
See Section 3 (Winner Selection & Verification Process) for information on how winners are selected and prizes are awarded. Sponsor makes no representation or warranty that the cash portion of any prize that is provided by Sponsor to help towards the payment of taxes associated with winning the prize will be sufficient to pay the winner's tax liability and each winner is responsible for all his/her taxes. Actual retail value may fluctuate during the Giveaway Period, due to market conditions, changes in value of components (e.g., airfare and hotel rates) and other reasons, and actual retail value at time of actual prize award may be different than ARV stated herein due to such conditions. Sponsor is not responsible for and winner will not receive the difference between the actual value of a prize at the time of award and the stated ARV in these Official Rules. If a winner does not accept or use an entire prize, that unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligations with respect to that prize. Some prizes that are Disney Property-specific do not exist after the day of original availability (for example, Disneyland® Dream Suite, Cinderella Castle Suite and each of the Party for the Senses at the Epcot® International Food & Wine Festival Event prizes), and therefore, if those prizes are not claimed on the day of availability, those prizes are gone and no prize will be awarded in lieu of those prizes. Please check www.disneyparks.com/eventdates periodically for information relating to most events. In the event, for whatever reason, Sponsor is unable to provide any element of any prize (including, without limitation, due to weather), no compensation or substitution will be provided for such element; however, the remainder of the prize will be awarded and Sponsor will have no further obligation to winner.
Two (2) Membership in the Disney Vacation Club prizes are available: Membership in the Disney Vacation Club includes a Vacation Ownership leasehold condominium interest in Disney's Saratoga Springs Resort & Spa or another Disney Vacation Club Resort as Sponsor shall select, represented by 220 vacation points, together with associated benefits, rights, rules, regulations, privileges and responsibilities, and payment of annual dues and exchange fees. Payment of annual dues and exchange fees on the winner's membership interest is personal to the winner and not transferable. All other expenses incidental to membership in Disney Vacation Club (including, without limitation, airfare, transportation, gratuities, meals, and special assessments and taxes) are and remain the sole responsibility of the winner during the period of time that the winner retains the membership. Membership and ownership at Disney's Saratoga Springs Resort & Spa expire on January 31, 2054. Membership and ownership at Disney's Animal Kingdom Villas expire on January 31, 2057. Membership and ownership at all other currently existing Disney Vacation Club Resorts expire on January 31, 2042. Membership entitles the winner to an annual allotment of 220 vacation points that may be used to reserve accommodations at Disney Vacation Club Resorts and accommodations available through the Disney Vacation Club Member Getaways program. Disney's Saratoga Springs Resort & Spa is located at the Walt Disney World® Resort in Lake Buena Vista, Florida. All accommodations are subject to availability and reservation policies. Other restrictions apply. The prize is not redeemable for cash. Certain restrictions on transfer of the membership interest apply. If any winner of this prize is a Minor under the laws of the winner's state, territory, province or country of domicile, Sponsor reserves the right to award this prize to the Minor's parent or legal guardianas custodian of such prize under the Florida Uniform Transfer to Minors Act until such Minor winner attains the age of majority. Notwithstanding the foregoing, if the winner is a Minor under the law of the winner's state or province of domicile, Sponsor reserves the right, in its sole discretion, to hold the awarding of the prize in abeyance until the winner attains the age of majority, at which time the prize and the estimated cash value of the prize during the temporary period of abeyance shall be awarded directly to the winner. Membership in the Disney Vacation Club is subject to the following restrictions (collectively "the Restrictions"): (i) the Master Declaration of Covenants and Restrictions, the Declaration of Condominium and the Master Cotenancy Agreement for Disney's Saratoga Springs Resort & Spa or such other Disney Vacation Club Resort selected by Sponsor in its sole discretion, each recorded in the Public Records of Orange County, Florida (in the case of Disney's Saratoga SpringsResort & Spa) or the public records of the county in which such alternative Disney Vacation Club Resort selected by Sponsor is located; and (ii) all other easements, restrictions and matters of record; and (iii) the Disney Vacation Club Membership and the Disney Vacation Club Resort Agreement for Disney's Saratoga Springs Resort & Spa or such other Disney Vacation Club Resort selected by Sponsor in its sole discretion. The winner acknowledges that his/her membership is subject to the Membership Restrictions. The winner must sign all necessary documents to effectuate transfer of membership (including, without limitation, documents related to the Restrictions) and to receive all disclosures required by the State of Florida, Division of Land Sales, Condominiums and Mobile Homes. The complete offering terms of a Membership in Disney Vacation Club are available in the offering plan available from Disney Vacation Development, Inc. ARV of each prize as of August 1, 2007 (assuming the prize awarded is a membership at Disney's Saratoga Springs Resort & Spa): US $87,361, which includes (i) the conveyance of a real estate interest in Disney's Saratoga Springs Resort & Spa or other Disney Vacation Club Resort chosen by Sponsor represented by 220 vacation points at the current membership price of US$22,880; and (ii) the payment of all annual dues (excluding any special assessments) during the time that the winner owns the real estate interest, which has an estimated value of US$33,156 (based upon the 2007 annual dues of US$4.12 per Vacation Point, escalated at 5% per year and discounted at 6%, the current Applicable Federal Rate, over the life of the membership); and (iii) any exchange fees incurred by the winner during the time that the winner owns the real estate interest, in exchanging, from time to time, the winner's vacation points for other vacation destinations, which has an estimated value of US$749 (assuming the winner exchanges vacation points every three years and a current exchange fee of US$95 escalated at 2.5% per year and discounted at 6%, the current Applicable Federal Rate, over the life of the membership); and (iv) a cash prize equal to US$30,576 to help defray payment of taxes payable as a result of winning the prize. The actual retail value of the prize may be different at the time the prize is awarded as a result of, among other things, increases in the purchase price of memberships and/or a selection by Sponsor to award as the prize a membership in a Disney Vacation Club Resort other than Disney's Saratoga Springs Resort & Spa. Sponsor makes no representation or warranty that the cash portion of this prize will be sufficient to pay winner's tax liability.
One (1) Collection of Disney Vacations prize is available: Prize consists of a total of four (4)
vacation packages to be used over a period from January 1, 2009 to September 30, 2012. Unless otherwise permitted by Sponsor, the first of the four (4) vacation packages must be taken between January 1, 2009 and September 30, 2009; the second of the four (4) vacation packages must be taken between October 1, 2009 and September 30, 2010; the third of the four (4) vacation packages must be taken between October 1, 2010 and September 20, 2011; and the fourth of the four (4) vacation packages must be taken between October 1, 2011 and September 30, 2012. The winner will have the ability to determine the order in which the four vacation packages are fulfilled. If a winner fails to complete a vacation package during the time
parameters stated above, the winner will forfeit that portion of the prize. The Collection of Disney Vacations prize includes the following:
One (1) Walt Disney World® Resort trip consisting of a four (4) day/three (3) night vacation package to Walt Disney World® Resort. Package includes: round-trip, economy class air travel for winner and up to three (3) guests to Orlando, Florida, roundtrip ground transfers selected by Sponsor in its sole discretion between the Orlando International Airport and the Resort, standard hotel accommodations (one room based on quadruple occupancy), a 4-day Magic Your Way Ticket with Park Hopper® Option for winner and each guest and Disney Gift Cards with US$75 per day for winner and each guest, which can be used for meals.
One (1) Disneyland® Resort trip consisting of a four (4) day/three (3) night vacation package to Disneyland® Resort. Package includes: round-trip, economy class air travel for winner and up to three (3) guests to Los Angeles International Airport (or any other Southern California airport as determined by Sponsor in its sole discretion), round-trip ground transfers selected by Sponsor in its sole discretion between the airport and the Resort, standard hotel accommodations (one room based on quadruple occupancy), a 4-day Disneyland® Resort Park Hopper® Ticket for winner and each guest and Disney
Gift Cards with US$75 per day for winner and each guest, which can be used for meals. One (1) Disney Cruise Line® 3-night Bahamian Cruise. Prize includes: round-trip, economy class air travel for winner and up to three (3) guests to Orlando, Florida, roundtrip ground transfers selected by Sponsor in its sole discretion between the Orlando International Airport and the originating port of call in Port Canaveral, Florida, accommodations on board a Disney Cruise Line ship (one stateroom based on quadruple occupancy; category as determined by Sponsor in its sole discretion), regularly scheduled meals on board the ship and port charges. Disney Cruise Line restrictions and conditions apply, which may be found at www.disneycruise.com.
One (1) Adventures by Disney vacation package prize consisting of a vacation package
selected by the winner from the portfolio of available Adventures by Disney trips which may be found at www.adventuresbydisney.com (based on availability at time of
selection). Package includes: round-trip, economy class air travel for winner and up to
three (3) guests to the originating point of the selected tour and returning from final stop of the selected tour, ground transfers selected by Sponsor in its sole discretion between destinations on the scheduled itinerary of the tour, standard hotel accommodations (one room based on quadruple occupancy), and standard meals provided by Adventures by Disney. Additional Adventures by Disney tour regulations apply, which may be found at www.adventuresbydisney.com.
This prize also includes US$13,679 to be used toward the payment of taxes. Sponsor makes no representation or warranty that the cash portion of this prize will be sufficient to pay winner's tax liability. Each year's travel must be completed by September 30, of that year. Travel dates must be selected a minimum of 90 days prior to departure date. Specific travel dates and itinerary for each vacation package will be determined by Sponsor, in its sole discretion. ARV of the prize: US$59,275. The actual retail value of the prize may be different at the time the prize is awarded as a result of, among other things, which Adventures by Disney package is selected.
One (1) Disney Parks — Global Grand Marshal prize is available: Prize consists of: roundtrip, economy class air travel for winner and up to three (3) guests for one (1) fifteen (15) day/fourteen (14) night trip which includes travel to the following: Disneyland® Park, Disney's California Adventure® Park, Magic Kingdom® Park, Epcot®, Disney's Hollywood Studios™, Disney's Animal Kingdom® Theme Park, Disneyland® Resort Paris, Walt Disney Studios® Paris, and Hong Kong Disneyland® Resort. Prize includes: standard hotel accommodations (one room based on quadruple occupancy); Disney Gift Cards with US$75 per day for winner and each guest, which can be used for meals; park admissions for winner and guests; round-trip ground transfers selected by Sponsor in its sole discretion between airport and the Disney theme parks included in the tour; and the services of a Disney VIP tour guide at each location. During such tour, the winner will also have the opportunity to appear as the Grand Marshal in parades in Disneyland® Park, Magic Kingdom® Park, Disneyland® Resort Paris, and Hong Kong Disneyland® Resort. This prize also includes US$8,511 to be used toward the payment of taxes. Sponsor makes no representation or warranty that the cash portion of this prize will be sufficient to pay winner's tax liability. Travel must be completed by September 30, 2009. Specific travel dates and itinerary will be determined by Sponsor, in its sole discretion. ARV of the prize: US$36,881.
One (1) Disney's Private Island prize is available: Prize consists of one (1) Disney Cruise Line® 4-night Bahamian Cruise. Prize includes: round-trip, economy class air travel for winner and up to three (3) guests to Orlando, Florida, round-trip ground transfers selected by Sponsor in its sole discretion between Orlando International Airport and the originating port of call in Port Canaveral, Florida, accommodations on board a Disney Cruise Line ship (one stateroom based on quadruple occupancy; category as determined by Sponsor in its sole discretion), regularly scheduled meals on board the ship, and port charges. The winner and up to (3) guests will experience the regularly scheduled guest itinerary for the first two (2) days of the cruise. On the third day, they will be transported, via tender boat, to Disney's Castaway Cay Island for a special VIP day with private access to all the guest amenities located there for an eight (8) hour period (as determined by Sponsor in its sole discretion) and a gourmet dinner. Special sleeping accommodations will also be arranged for the winner and guests on board a chartered yacht on the evening of their private access day. The following day, the winner and guests will be met by the Disney Cruise Line ship as it arrives as Disney's Castaway Cay as part of the 4-day guest itinerary, and at this point they will continue the remainder of their vacation following the regular itinerary of the ship. This prize also includes US$9,750 to be used toward the payment of taxes. Sponsor makes no representation or warranty that the cash portion of this prize will be sufficient to pay winner's tax liability. Travel must be completed by September 30, 2009. Specific travel dates to be determined by Sponsor. Disney Cruise Line restrictions and conditions apply, which may be found at www.disneycruise.com. ARV of the prize: US$42,250.
One (1) Ultimate Pirate prize is available: Prize consists of round-trip, economy class air travel for winner and up to three (3) guests to Los Angeles International Airport (or any other Southern California airport as determined by Sponsor in its sole discretion), ground transfers selected by Sponsor in its sole discretion between the airport and the originating California port of call, (as determined by Sponsor in its sole discretion) and passage on Disney Cruise Line's 7- Night Mexican Riviera Cruise. Prize includes: accommodations on board a Disney Cruise Line ship (one stateroom based on quadruple occupancy; category as determined by Sponsor in its sole discretion), regularly scheduled meals on board the ship, and port charges. On the scheduled day of final debarkation from the cruise, the winner and guests will be provided ground transfers selected by Sponsor in its sole discretion to the Disneyland® Resort for a two (2) day/one (1) night vacation package, including hotel accommodations in the Pirates of the Caribbean Suite in the Disneyland® Hotel (or equivalent), a 2-Day Disneyland® Resort Park Hopper® Ticket for winner and each guest, and Disney Gift Cards with US$75 per day for winner and each guest, which can be used for meals. This prize also includes US$5,280 to be used toward the payment of taxes. Sponsor makes no representation or warranty that the cash portion of this prize will be sufficient to pay winner's tax liability. Travel must originate on July 13, 2008. Disney Cruise Line restrictions and conditions apply to the cruise portion of the trip, which may be found at www.disneycruise.com. ARV of the prize: US$22,880.