Disney Family Movies Halloween Photo Showcase
NO PURCHASE NECESSARY.
OPEN ONLY TO PERMANENT LEGAL RESIDENTS OF THE FIFTY (50) STATES OF THE UNITED STATES
OF AMERICA ("U.S.") AND THE DISTRICT OF COLUMBIA ("D.C."), THIRTEEN (13) YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS
AND WHERE PROHIBITED OR RESTRICTED BY LAW.
- Contest Eligibility: The Disney Family Movies Halloween Photo Showcase II ("Contest") is only open to permanent legal residents of the fifty (50) states of the U.S. and D.C. who are currently physically located and residing therein (excluding Guam, Puerto Rico and all other U.S. and foreign territories and possessions) and who are thirteen (13) years of age or older as of the date of entry. Entrants must be Facebook members and Disney Family Movies "fans" to enter; however, the 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. Sponsor (defined below) has no affiliation with Facebook and no responsibility for or control of any matters relating to Facebook or Facebook accounts. If an entrant is a resident of a jurisdiction that deems him/her to be a minor (residents of Alabama or Nebraska between 18-19 years of age or residents of Mississippi who are between 18-21 years of age), or under the age of 18 in the remaining 47 states ("Minor"), he/she must obtain parental/legal guardian consent prior to entering the Sweepstakes or submitting any personally identifiable information. Each entrant must either have a valid social security number and/or a valid U.S. personal tax identification number. Employees of Buena Vista Television, LLC ("Sponsor"), American Broadcasting Company, Inc., WABC-TV, Disney *ABC Domestic Television, 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 (spouses, children, siblings, parents) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Contest.
- Contest Overview: This Contest is a skill based competition whereby an entrant will submit a photo of himself or herself (or another person) wearing a Disney inspired character costume for Halloween (as described below in paragraph 3 below. Photo submissions will be posted on the Disney Family Movies Facebook Page located at http://www.facebook.com/DisneyFamilyMovies ("Website") during the contest entry period. The Contest begins at 12:00 noon Eastern Time ("ET") on October 14, 2013 and ends at 11:59 p.m. ET on November 7, 2013 ("Contest Entry Period"). The Sponsor will judge all eligible entries and select one (1) prize winner from each category for a total of five (5) winners. For all purposes of this Contest, the Sponsor's computer is the official clock and all times refer to ET.
- Entrant Photo Agreement and Photo Requirements: Each Entrant must own the camera equipment used to take the Photo prior to entering this Contest and no purchase of Disney costumes is required. Entrant must not be a professional photographer. Each Entrant's Photo must adhere to the following guidelines:
Sponsor has the right to disqualify any Photo, and subsequently any Entrant's Entry, that does not adhere to the above criteria, that is not reasonably pertinent to the judging criteria (described in section 5 below) or is otherwise in violation of these Official Rules as determined by Sponsor in its sole and absolute discretion.
- Photo must be in either a .JPG, .JPEG. .PNG or .GIF file.
- Photo must not exceed 1 MB.
- Photo must be wholly original, 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 Subject in the Photo.
- Photo cannot contain the first name, last name, phone number(s), address, email address of the Entrant or any other person.
- Photo must not have been previously entered in any competition or contest or won any award prior to submission in this Contest and Photo must not have been previously published, performed or otherwise exhibited.
- Photo must not contain or depict any objectionable, unlawful, defamatory, obscene, sexually explicit, threatening, abusive, harassing, hateful, discriminatory, threatening, or vulgar material and must be otherwise fit for publication/posting/uploading, as determined by Sponsor in its sole and absolute discretion.
- Photo must not include materials (language, phrases, quotations, logos, trademarks, artwork, or products or brand names not owned or licensed by Sponsor, Disney, or its affiliates) etc.), belonging to or copyrighted by third parties Disney materials are all acceptable.
- Photo must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
- Photo must not contain any material that: (a) would give or threaten to give rise to criminal or civil liability; (b) encourages conduct that constitutes a criminal offense; or (c) encourages or provides instructional information about illegal activities.
- Photo must not contain any references to alcohol, tobacco, drug paraphernalia, firearms, or any description or representation thereof.
- Photo 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.
POSTED PHOTOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF SUBMISSIONS AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH MONITORING, SCREENING OR REVIEWING ENTRIES PRIOR TO POSTING/PUBLICATION OF THEM. SPONSOR WILL REVIEW PHOTOS PRIOR TO POSTING THEM ON THE WEBSITE FOR THE CONTEST. SPONSOR RESERVES THE RIGHT NOT TO POST AND MAY DISQUALIFY ANY PHOTO THAT IS IN VIOLATION OF THE RESTRICTIONS AND GUIDELINES SET FORTH IN THESE OFFICIAL RULES OR DOES NOT ADHERE TO THE ABOVE CRITERIA, IS NOT REASONABLY PERTINENT TO THE VOTER AND JUDGING CRITERIA (DESCRIBED IN SECTION 4 AND 5) AS DETERMINED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION.
- Judging and Winner Notification: Beginning on or about October 14, 2013 at 9:00 a.m. ET and continuing until November 14, 2013 on or about 3:00 p.m. ET, the judging of the Entries will be conducted by the Sponsor ("Judges") whose decisions are final and binding in all respects ("Judging Period"). All eligible Photos will be placed in their applicable Category and judged according to the following judging criteria and scoring system: 1) 1-100 points for Creativity; 2) 1-100 points for Authenticity and Execution; and 3) 1-100 points for Fun; for a total of 300 possible points ("Judging Criteria"). The Entry that receives the highest score based on the above Judging Criteria in each of the Categories will be deemed the winner of that specific category in the Contest. In the event of a tie, the Entry that receives the higher score for "Creativity" will be declared the applicable Category winner. In the event of a further tie, the Entry who receives the higher score for "Authenticity/Execution" will be declared the applicable Category winner. In the event of a further tie, the Judges, in their sole and absolute discretion, shall choose a winner based on an evaluation of which Entrant's Photo is superior overall taking all Judging Criteria into consideration. Potential winners (or his/her parent/legal guardian if a potential winner is a Minor) will be notified by the Sponsor via telephone and/or email from the information provided in his/her Entry and will be required to respond within forty eight (48) hours of receipt for eligibility, verification and prize fulfillment purposes. If a potential winner is found to be ineligible, if he/she cannot or does not comply with these Official Rules, if his/her prize notification is returned as undeliverable, if he/she cannot be reached or does not reply within the forty eight (48) hour reply period, or does not comply with these Official Rules, such potential winner(s) will be disqualified and the Entrant whose Photo receives the next highest score (in the applicable Category) may be declared a potential winner. By completing the verification process, each winner attests to the authenticity of his/her Entry and Photo. Once Sponsor receives each winner's complete information, he/she will be verified and the prize will be shipped within 8-12 weeks. Potential winners are subject to verification of winning and compliance with these Official Rules. If a winner is a Minor, prize will be awarded in the name of his/her parent/legal guardian. 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. Disney Family Movies will announce the winners by Facebook "post" on or about November p.m. ET.
- Prizes: One (1) prize will be awarded for each of the five (5) costume Categories: Each winner will receive one (1) Mickey Mouse and Donald Duck Jack O'Lantern by Jim Shore (selected by Sponsor in its sole discretion). Approximate Retail Value ("ARV") of each prize: $49.95. No transfer, substitution or cash equivalent for the Prize, except that Sponsor in its sole discretion may substitute a prize of equal or greater value due to prize unavailability for any reason. Prize(s) and prize notifications will be mailed/shipped to street addresses in the U.S. (including D.C.) only. Any depiction of 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. The Contest administrator is not the supplier or guarantor of prizes. Limit one (1) prize per person/per household. Prizes will be awarded to a winning Entrant only and not the Subject of the Photo (if that person is not also the Entrant).
- Rights in Submissions: In consideration of each Entrant's Entries (and Photo) being reviewed and evaluated for this Contest, each Entrant 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 Photo), 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 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 agrees that Sponsor shall have no obligation to copy, publish, display, or otherwise exploit his/her Photo.
Each Entrant 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 Photo) submitted to Sponsor, and to make derivative works from such material. Each Entrant 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. Each winner agrees to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in his/her Entry (and Photo) (including without limitation all copyright, trademark and proprietary rights worldwide including moral rights).
Each Entrant 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 also grants to the Contest Entities permission (or his/her parent/legal guardian if he/she is a Minor) to use Entrant's and each Subject's name, image and likeness, biographical information, statement, voice, Entry, and Photo for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media (including posting on the Website) worldwide in perpetuity, unless prohibited by law.
- General Conditions: This Contest is subject to these Official Rules and all federal, state, and local laws (collectively "Rules and Laws"). By participating in this Contest, each Entrant agrees and acknowledges to be bound by these Rules and Laws, as well as the decisions of the Judges and/or Sponsor which are final and binding in all respects; to waive any rights to claim ambiguity with these Rules and Laws; to defend, indemnify and hold harmless the Contest Entities from any and all liability resulting or arising from use of any submitted Entry/Photo; and to release all rights to bring any claim, action or proceeding against the Contest Entities. Once submitted, Entries and Photos become the sole property of the Sponsor and will not be returned. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering or defrauding the entry process or the operation of the Contest, to be acting in violation of the Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or tamper with the Contest will be prosecuted and is not eligible for any prize. If, for any reason, the Contest is not capable of running as originally planned, Sponsor, in its sole discretion reserves the right, to cancel, suspend or modify the Contest or any portion thereof and to conduct the judging from all eligible, salvageable Entries (including Photos) received prior to and/or after (as appropriate) the action taken by the Sponsor or award the prizes in a manner that is fair and equitable. In case of a dispute over the identity of an Entrant who submitted a winning Entry and/or Photo, the authorized account holder of the email address associated with that Entry will be deemed the Entrant. The "authorized account holder" is deemed the natural person who is assigned to the Facebook account. Said owner must comply with these Official Rules, be the person who completed the act of entering, and, at Sponsor's sole discretion, may be required to provide proof of ownership of the email account.
- 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 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 Subject in any Entry, acceptance/possession, use/misuse, and/or defects of the prize(s) awarded herein; typographical errors in the Contest promotional material; or any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access Facebook, the Web site or any online service via the internet due to hardware or software compatibility problems; any damage to a Entrant's (or any third person's) computer and/or its contents related to or resulting from any part of this Contest; any lost/delayed data transmissions, omissions, interruptions, and/or defects due to reasons beyond the Sponsor's and/or Contest Entities' control 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, or downloading materials or software in connection with this Contest. Contest Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor(s), or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor(s) or their parents, subsidiaries and affiliated companies. The failure of 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.
- GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Contest, (ii) the awarding or redemption of the prizes 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 a player be entitled to awards for and player 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.
- Rules/Winners List: ToTo receive a copy of the Official Rules or the Official Winners' List, send a self-addressed stamped envelope to: Disney Family Movies Halloween Photo Showcase "Rules" or "Winners' List" (specify which), P.O. Box 6493, Burbank, CA 91510. Official Winners' List available after November 14, 2013. All requests must be received by January 14, 2013. The Official Rules will be available on the Disney Family Movies Facebook Page during the entire Contest. Names of the winners will also be posted on the Web site.
- Sponsor: Buena Vista Television LLC, 500 South Buena Vista, Burbank, CA 91521.
Official Rules © 2013 ESG. Entrants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.