Disney Family Movies Holiday Dream Giveaway
NO PURCHASE NECESSARY.
VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND
POSSESSIONS AND WHERE PROHIBITED BY LAW.
- Description: The Disney Family Movies Holiday Dream Giveaway ("Sweepstakes") begins on November 30, 2010 at 12:01 a.m. Pacific Time ("PT") and ends on December 27, 2010 at 11:59 p.m. (PT) ("Sweepstakes Period"). Sponsor's computer shall be the official clock for purposes of the Sweepstakes. For purposes of this Sweepstakes, all times refer to Pacific Time.
- Eligibility: Open to permanent legal residents of the fifty (50) states of the U.S. and Washington D.C. (excluding Guam, Puerto Rico, and all other U.S. territories and possessions), who are physically located and legally residing therein and who are 13 years of age or older as of the date of entry who have a current valid U.S. Passport. Entrants must also have either a valid social security number and/or a valid U.S. personal tax identification Employees and agents of Buena Vista Television ("Sponsor"), The Walt Disney Company, WABC-TV, American Broadcasting Companies, Inc., Disney *ABC Domestic Television (DADT), Sweepstakes administrator, and their respective advertising and promotion agencies, and those involved in the production, development and handling of Sweepstakes, their respective agents, officers, prize suppliers, parent companies, affiliates and subsidiaries (collectively "Sweepstakes Entities"), and members of their immediate families (parents, children, siblings, spouses) and/or persons living in the same households as such persons, whether related or not, are ineligible to enter Sweepstakes.
- How to Enter: To enter the Sweepstakes, access the web site located at www.disneyfamilymovies.com ("Web Site") and select the Sweepstakes icon or image, which will open the Sweepstakes entry page. Prospective participants who are already registered on the Web Site must first login by entering his/her member name and password, then follow the online instructions to "submit" his/her entry information ("Entry"). If a prospective participant is already registered with Disney *ABC Domestic Television through any of its family of sites (see Web Site for list of sites), no new registration is required. Information required on the registration form consists of the following: first and last name, email address, gender, date of birth, zip/postal code, and choice of member name, password and hint ("Registration Information"). All required Entry/Registration Information must be completed in full. If a participant 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, he/she must obtain parental/legal guardian consent prior to entering the Sweepstakes or submitting any personally identifiable information. Participants who are not yet registered on the Web Site, may become a registered member by completing (and thereafter transmitting) the registration form. There is no fee to register. Entries must be received by 11:59 p.m. (PT) on December 27, 2010. Limit one (1) Entry per email address per day during the Sweepstakes Period. Entries by the same person in excess of the limits stated herein will be disqualified. Once an email address or a member name has been registered by a participant that email address or member name cannot be used by any other person at the Web Site. Only the participant registered under a particular email address on the Web Site (or other related web sites as described above) may participate in the Sweepstakes. Only the entrant registered under a particular email address with the Web Site may participate in the Sweepstakes and he/she must be deemed the person who physically completed the act of entering. Proof of delivery or receipt of Entries will not be deemed by Sponsor as proof of Entry. Any attempted form of Entry other than as described herein is void.
- Prizes/Odds of Winning: One (1) Grand Prize: One (1) Grand Prize winner will receive a three (3) night cruise aboard the Disney Dream™ to the Bahamas and Nassau on January 23-26, 2011, for the winner and three (3) guests. Cruise trip includes: round-trip coach class airfare for the winner and three (3) guests between the United States gateway airport nearest to winner's home to Orlando International Airport; ground transportation to/from Orlando International Airport to Port Canaveral via Disney Cruise Line transportation for the winner and three (3) guests; one (1) Deluxe Family Oceanview Stateroom with Verandah (Category 5A-5E) for four (4) persons (all onboard meals included excluding alcoholic beverages); government taxes, fees and fuel surcharge (as defined in the Disney Cruise Line brochure); onboard gratuities for stateroom host/hostess; dining room server, assistant server and head server. Approximate Retail Value ("ARV") of Grand Prize: $5,748.77. Five (5) First Prizes will be awarded: Each first prize winner will receive one (1) Pure Digital technology Inc. with DFM logo Ultra Flip Video Camera ("First Prize"). ARV of First Prize: $160.00 each. Total ARV of all Prizes: $6,548.77. Odds of winning a prize depends on the total number of eligible Entries received during the Sweepstakes Period. Limit one (1) Prize per person/family/household. GRAND PRIZE TRIP (INCLUDING, WITHOUT LIMITATION, AIR TRANSPORTATION AND STATEROOM ACCOMMODATIONS) MUST BE TAKEN ON JANUARY 23, 2011, OR GRAND PRIZE WILL BE FORFEITED IN ITS ENTIRETY WITH NO COMPENSATION OR SUBSTITUTION OF PRIZE. GP WINNER AND GUESTS MUST HAVE A VALID U.S. PASSPORT IN ORDER TO TRAVEL ON 1/23/11. IF GP WINNER IS A MINOR, HE/SHE MUST BE ACCOMPANIED BY HIS/HER PARENT/LEGAL GUARDIAN. If Grand Prize winner lives within approximately 200 miles of Port Canaveral, FL (as determined by Sponsor in its sole discretion), Sponsor may substitute ground transportation from winner's residence directly to Port Canaveral for the air transportation and ground transportation portions of the Grand Prize, without additional compensation to the winner. Grand Prize winners are solely responsible for all costs and expenses of the Grand Prize not specified as included in these Official Rules, including but not limited to tips, gratuities, souvenirs, shore excursions, equipment rentals, laundry service, spa treatments, alcoholic beverages, local and long-distance telephone calls, ship-to-shore communications, insurance, transportation between Grand Prize winner's residence and the departure airport and other personal expenses. Winner and guest(s) must present valid government issued ID's to partake in Grand Prize and meet any other travel requirements of airline, cruise and/or hotel (at Sponsor's sole discretion). Grand Prize winner and guest are solely responsible for obtaining all necessary travel documents including passports and proof of identification. The U.S. State Department requires all international travelers to present a government issued passport for U.S. Customs re-entry after air, land or sea travel. For more information please visit the State Department's consular website www.travel.state.gov or the U.S. Department of Homeland Security's website www.dhs.gov. Grand Prize winners and all guests must travel on same itinerary. If Grand Prize winner elects to take trip with fewer than the allowed number of guests, components of the Grand Prize will be awarded in increments/quantities suitable for the actual number of travelers and Grand Prize winner will not receive any compensation or substitute/alternate prize for same. If any guest is pregnant and has entered their 24th week of pregnancy as of their embarkation date will be refused passage due to safety concerns; neither a physician's medical statement nor a waiver of liability will be accepted. Infant guests must be older than 12 weeks to sail. Grand Prize must be accepted with all listed prize components subject to the conditions indicated herein. No cash in lieu of Grand Prize. No prize transfer or substitution allowed; however, Sponsor reserves the right in its sole discretion to substitute prize (or any prize component) with another prize/prize component of equal or greater value if advertised prize/prize component becomes unavailable for any reason. Actual value of a Grand Prize may depend on city of departure, travel dates and other factors. Any difference between the estimated value of the Grand Prize and the actual value will not be awarded to Grand Prize winner. Once scheduled, trip must be taken on dates and times arranged by Sponsor or Grand Prize will be forfeited in its entirety. Changes are not permitted after air ticket issue. Sponsor is not responsible for travel delays or cancellations. There shall be no compensation or prize substitution if Grand Prize winner or guests are unable to take scheduled trip by reason of illness, family emergency, personal events, terrorism, labor strikes, weather, or other acts beyond Sponsor's control. If, for any reason, a prize component is unavailable for some reason then remaining elements of the prize shall constitute full satisfaction of Sponsor's prize obligation to winner(s) and no additional compensation will be awarded. All other expenses and incidentals not specifically mentioned as being included are excluded and are a winner's sole responsibility including, but not limited to (for First Prize) any required installation, product/software upgrades/options, service charges and/or equipment warranties. Prize(s) cannot be exchanged/redeemed for cash or combined with any other offer and are subject to stated terms and conditions. Sponsor reserves the right, in its sole discretion, to replace any merchandise with a newer model or version of same; but, in such event, Sponsor will continue to use the value of the "old" (i.e., replaced) item for purposes of calculating the ARV. All winners are solely responsible for all costs, incidentals, and any other expenses not specifically mentioned as being included. All winners' notifications, applicable documents, prize or prize components will be shipped to U.S. addresses only. Any depiction of prizes are for illustrative purposes only. All federal, state and/or other taxes including, without limitation income taxes are the sole responsibility of the winners. Grand Prize winner will receive a 1099 from the Sponsor for the value of Prize that he/she won in the calendar year that he/she won.
- Drawing and Notification of Winners: Potential winners will be randomly selected from all eligible Entries received in a drawing to be held on or about December 28, 2010 ("Drawing Date") in Burbank, CA by Sweepstakes administrator, an independent compliance organization. Potential Grand Prize winner (or his/her parent/legal guardian if a potential Grand Prize winner is a minor, or is at least 18 but still considered a minor in his/her jurisdiction of residence) will be notified by telephone on or about the Drawing Date. If a potential Grand Prize winner (or his/her parent/legal guardian if a potential Grand Prize winner is a minor, or is at least 18 but still considered a minor in his/her jurisdiction of residence) cannot be reached after three (3) phone call attempts within a twenty-four (24) hour period, such potential Grand Prize winner will be disqualified, and an alternate potential Grand Prize winner will be selected at Sponsors' sole discretion. Potential First Prize winners will be notified by mail within six (6) weeks of the drawing date when they receive their prize. If any potential prize winner is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her Prize or Prize notification documents are returned as undeliverable, such potential winner will be disqualified, and an alternate potential winner will be selected at Sponsors' sole discretion.
- Disclaimers: Sweepstakes Entities are not responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, or otherwise not in compliance with these Official Rules and such Entries will be disqualified. Once submitted, Entries become the sole property of Sponsor and will not be returned. Winners release Sweepstakes Entities and their respective agencies, officers, directors and employees or other company or any other persons providing Prizes for the winners due to reasons beyond Sponsor and/or Sweepstakes Entities control, and/or participation in this Sweepstakes from any and all liability/responsibility with respect to the applicable Prize and/or Sweepstakes (including any property loss, damage, personal injury, or death) in connection with: participation in this Sweepstakes; human error; incorrect or inaccurate transcription of Entry/Registration Information; acceptance/possession, use/misuse, and/or defects of a Prize awarded herein; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access Sweepstakes or any Web Site or online service via the internet due to hardware or software compatibility problems; any damage to entrants (or any third person's) computer and/or its contents related to or resulting from any part of this Sweepstakes; any lost/delayed data transmissions, omissions, or elements of Sweepstakes and/or even if caused by the negligence of one of the Sweepstakes Entities. Sweepstakes 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 any entity (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, or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or their parents, subsidiaries and affiliated companies. Entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Prize, including express warranties provided exclusively by a Prize supplier that are sent along with a Prize. 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(s) (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 Sweepstakes, (ii) the awarding or redemption of a Prize and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall be selected by mutual agreement of Sponsor and the entrant or entrants 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). Entrant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. 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 Sweepstakes but in no event attorneys' fees; and, under no circumstances, will an entrant be entitled to awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. Should any term of this Section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this Section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
- Rules/Winners List: To receive a copy of the Official Rules or the Official Winners' List, send a self-addressed stamped envelope to: Disney Family Movies Holiday Dream Giveaway "Rules" or "Winners" (specify which), P.O. Box 7489, Burbank, CA 91510. Official Winners List available after December 28, 2010. All requests must be received by February 28, 2011.
- Sponsor: Buena Vista Television, 500 South Buena Vista, Burbank, CA 91521.
- Sweepstakes administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Sweepstakes administrator is not the supplier or guarantor of any prize(s).
Official Rules ©2010 ESG. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.