A DISNEY SIDE DOG’S DAY AT MAGIC KINGDOM PARK® CONTEST OFFICIAL RULES (“Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE ONE’S CHANCES OF WINNING.
- SPONSOR: Disney Destinations, LLC, P.O. Box 10000, Lake Buena Vista, FL 32830, is solely responsible for all aspects of this skill-based contest (“Contest”).
- ELIGIBILITY: To be eligible for this Contest, at the time of entering you must be: [a] eighteen (18) years of age or older as of date of entry, [b] a legal resident of, and physically residing in Florida (“Territory”); [c] current owner (“Owner” and also referred to as “Contestant”) of a dog in good health of up to 70 pounds who has been spayed or neutered (“Dog”) with required paperwork (see below for details), and [d] not an employee of the Sponsor; its parent, divisions, affiliates, subsidiary company or its advertising, promotion or fulfillment agency involved in this Contest (collectively, “Entities”), nor a member of the household or immediate family of such employee.
- BRIEF OVERVIEW OF CONTEST:
This Contest is being conducted in two (2) phases as follows:
- Phase 2/ Winner Selection/Judging Phase (“Judging Phase”): During the period commencing at 11:01 AM (ET), August 24, 2014, and ending on or about 11:00 AM (ET), August 28, 2014, Sponsor’s appointed panel of Judges will score the eligible Submissions based on the following criteria (“Criteria”) to choose one hundred and one (101) potential winners (“Winners”):
- (1) How well the Costume shows/celebrates your Dog’s “Disney Side” – 50%
- (2) How well the Costume exhibits creativity – 50%
- Tied Entries: In the event of a tie, the tie will be broken by the Judges based on the first Criteria – How well the Costume shows/celebrates your Dog’s Disney Side. The decision of the Judges shall be final and binding
- CONTEST SUBMISSION REQUIREMENTS/LIMITATIONS: All Submissions must meet the following requirements and specifications to be eligible:
- (a) By submitting the Submission, you hereby represent that you have all rights necessary to distribute the Submission through the Website or any other website and to grant to Sponsor the rights set forth below.
- (b) With the exception of Disney Intellectual Property (“IP”) that is used in the Submission by virtue of the Costume, you represent and warrant that: (i) you are the sole and exclusive creator and owner of the Submission, and all rights thereto; (ii) you have the full and exclusive right, power and authority to submit the Submission to Sponsor upon the terms and conditions set forth herein; (iii) your Submission is an original work and no part of the Submission has been published; (iv) no rights in the Submission have previously been granted to any person, firm, corporation or other entity or otherwise exercised or exploited; (v) the full use of the Submission or any part thereof will not in any way violate or infringe upon any copyright (statutory or otherwise), constitute a libel or defamation of or an invasion of the rights of privacy or publicity of, or otherwise violate or infringe upon any other personal, property or other rights of any person, firm, corporation or other entity or subject Sponsor to any costs or liability of any kind or nature whatsoever, and (vi) if you use the Disney IP in your Submission, you will use it in compliance with Sponsor’s TOU and these Rules.
- (c) The Submission should not contain material which is (or promotes activities which are) defamatory, libelous, abusive, harassing, threatening, an invasion of a right of privacy of another person, bigoted, hateful, racially offensive, discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), vulgar, obscene, pornographic or otherwise sexually explicit, harmful or can reasonably be expected to harm any person or entity, profane, offensive or otherwise objectionable as determined by Sponsor and/or Administrator (as defined in Section 14 below) in their sole discretion; does not contain material which is (or promote activities which are) illegal or encourage or advocate illegal activity or the discussion of illegal activities with the intent to commit them (including Submissions that are, or represent an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, underage drinking, drug dealing and/or drug abuse, harassment, computer hacking, theft, or conspiracy to commit any criminal activity) or otherwise unlawful as determined by Administrator in its sole discretion. Submission should avoid showing any rude gestures or other inappropriate stuff, and for your and your dog’s safety, don’t try any risky moves.
- (d) The Submission should not show any brands or logos and should not include anyone else besides yourself and your dog. With the exception of Disney IP, your Submission should not infringe on, contain intellectual property that infringes (e.g., trademarks, logos, insignia, location signage, photographs, artwork, sculptures, props, costumes, backgrounds or other material), or otherwise violate any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights, (ii) right of privacy or publicity (specifically, you must not distribute another person’s personal information of any kind including, but not limited to image or likeness; or (iii) any confidentiality obligation.
- (e) There is a limit of one (1) Submission per person per Address. In the event that the same Submission is received from more than one (1) Contestant, only the first Submission received will be accepted. Proof of submitting a Submission does not constitute proof of receipt or entry into the Contest. Submissions will not be returned. If you attempt or are suspected of attempting (in the sole discretion of Sponsor or Administrator) to circumvent this limitation, by any means, including but not limited to establishing multiple email accounts, you may be disqualified from the Contest.
- (f) Submission should do not contain viruses or other harmful components, or otherwise tamper with, impair or damage Sponsor’s email system, websites or any connected network, or otherwise interfere with any entity’s use or enjoyment of this Contest.
- (g) You or your Dog must not have any contractual relationships which could interfere with or prohibit you or your Dog from entering and fully participating in the Contest (the Sponsor retains the right to determine in its sole discretion if an existing agreement represents a conflict).
- a. Disputes Over Winner’s Identity: In the event of a dispute as to the identity of a Winner based on the Address, the winning Submission will be declared made by the Authorized Account Holder of the Address. For purposes of these Rules, “Authorized Account Holder” is defined as the natural person who is assigned to an Address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning Addresses for the domain associated with the submitted Address.
- b. Site Marks: By participating in the Contest, you acknowledge and agree that the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Sponsor in writing, you agree not to use, reproduce, exploit, modify, rent, lease, loan, sell, distribute or create derivative works from content on the Website, including its interface, in whole or in part, or any other logos and product and service names that are trademarks of the respective owners (the “Website Marks”). Unless you have written permission, you hereby agree not to display or use in any manner the Website Marks.
- c. Rights:
- [i] Name and Likeness Rights: By participating in the Contest and accepting any award, you grant to Sponsor and its advertising and promotion agencies, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide right to use the names, likenesses, voices and biographical information, of you and your Dog as you and your Dog appear in the Photo, and the Submission and any other material submitted in connection with the Contest. All rights granted to Sponsor in this paragraph shall be in all media formats and channels now known or hereafter devised (including, but not limited to, on the Website, on third party websites, on Sponsor’s broadcast and cable networks and stations, on Sponsor’s broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
- [ii] Submission/Entry Rights: By participating in the Contest and accepting any award, I agree and represent that I own all rights in the Submission, including without limitation, the still photograph and costume therein, subject to any rights Sponsor or its related companies may have in such costume. Sponsor’s rights with respect to such Submission shall be pursuant to Section 3 of the TOU.
- [iii] Limited License: When a Contestant uses Disney IP to create his/her Submission, Sponsor grants the Contestant a limited, non-exclusive, non-transferable, revocable license during the Submission Phase to use the IP for the sole purpose of creating his/her Submission subject to any limitations and/or restrictions set forth herein. For the avoidance of doubt, Sponsor owns all rights in and to any and all IP.
- d. Not Responsible for Errors or Submissions not Received: Sponsor is not responsible for any typographical or other errors in the printing of the offer, administration of the Contest or the announcement or distribution of the prizes, or for lost, late, misdirected, damaged, incomplete or illegal Submissions.
- e. No Confidential or Fiduciary Relationship: You understand and agree that creative ideas, suggestions or other materials you submit are not made in confidence or trust and that no confidential or fiduciary relationship is established by your submitting the Submission hereunder, that you have no expectation of review, compensation or consideration of any type and nothing in these Rules or as a result of your submitting the Submission shall be deemed to place Sponsor in any different position from anyone else to whom you have not submitted the Submission.
- f. Comments: You agree that Sponsor, its affiliates, and its and their third-party vendors engaged to implement this Contest, are authorized to display the Submissions and any public ratings, votes and comments for promotional or any other purpose.
- a. Sponsor is not responsible for any electronic transmission errors resulting in any omission, interruption, deletion, defect, delay in operations or transmissions, theft or destruction or unauthorized access to or alterations of any Submissions submitted, or for any technical, network, telephone equipment, electronic, computer, hardware or software malfunction or limitations of any kind, or any inaccurate transmissions of or failure to receive Entry information on account of technical problems or traffic congestion on the Internet. If for any reason the Internet portion of the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, an insufficient number of Submissions, or any other causes beyond Sponsor’s control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right in its sole and unfettered discretion to cancel, terminate, modify, extend and/or suspend the Contest and/or to award any prizes based on alternate means including, without limitation, based on Submissions received prior to termination.
- b. SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY YOU IF YOU TAMPER OR ARE SUSPECTED OF TAMPERING WITH THE SUBMISSIONPROCESS. ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEBSITE OWNED OR OPERATED BY SPONSOR, INCLUDING, BUT NOT LIMITED TO, THE WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND/OR OTHER RELIEF FROM YOU TO THE FULLEST EXTENT OF THE LAW. IF SPONSOR IN ITS SOLE DISCRETION BELIEVES THAT ANY SUCH CONDUCT HAS OCCURRED, THEN SPONSOR MAY TAKE SUCH REMEDIAL MEASURES AS SPONSOR DEEMS APPROPRIATE IN KEEPING WITH THE FAIRNESS AND INTEGRITY OF THE CONTEST.
GOVERNING LAW: All issues and questions of your rights and obligations in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Florida, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings which are not subject to arbitration as set forth in these Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Florida. Any legal controversy or legal claim arising out of or relating to these Rules or this Contest, shall be settled by binding arbitration in accordance with the terms set forth in the TOU at DisneyTermsofUse.com.
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