RADIO DISNEY MUSIC AWARDS SHAPE THE SPOTLIGHT CONTEST
OFFICIAL RULES (“Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT
IMPROVE ONE’S CHANCES OF WINNING. VOID WHERE PROHIBITED.
MUST BE BETWEEN 6 AND 18 YEARS OF AGE OR A PARENT/LEGAL
GUARDIAN OR GRANDPARENT OF ELIGIBLE CHILD TO ENTER. MINORS
MUST HAVE PERMISSION FROM THEIR PARENT OR LEGAL GUARDIAN
TO ENTER. A PRIZE WON BY A MINOR WILL BE AWARDED IN THE NAME
OF SAID MINOR’S PARENT OR LEGAL GUARDIAN. MANY WILL ENTER,
FEW WILL WIN. WINNERS MUST TRAVEL ON OR ABOUT APRIL 28, 2017.
VOID WHERE PROHBITED.
1.
SPONSOR: ABC Radio Networks Assets, LLC d/b/a Radio Disney
(“Sponsor”), 500 South Buena Vista St., Burbank, CA, 91521 is solely
responsible for all aspects of this contest (“Contest”).
2.
ADMINISTRATOR (“Administrator”): Ventura Associates International
LLC, 60 East 42nd Street, Suite 650, New York, NY 10165, an independent
judging organization whose decisions are final and binding with respect to the
Contest.
ELIGIBILITY: To be eligible for this Contest, at the time of entering you
(referred to herein as “you” or “Entrant”) must: [a] be between the ages of six (6)
and eighteen (18) (a parent/legal guardian or grandparent of an eligible Entrant
may submit the entry on the Entrant’s behalf), [b] be a legal resident of, and
physically residing in one of the fifty (50) United States or the District of Columbia
(“Territory”); [c] not be an employee of the Sponsor or Administrator; their
parent, divisions, affiliates, subsidiary company or their advertising, promotion or
fulfillment agencies involved in this Contest (collectively, “Entities”), nor a
Household Member (defined below) or Immediate Family Member (defined
below) of such employee; [d] not have any contractual relationships that could
interfere with or prohibit you 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); and [e] be willing to have your Entry (as defined
below in Section 4) published in advertising and marketing materials
(“Advertisement”) used to promote and advertise the Radio Disney Music
Awards Show (“RDMAS”) or otherwise distributed, in connection with, or to
promote, the Contest and/or the Radio Disney mobile application (“App”), and/or
for any other commercial or other purpose as determined by Sponsor. For clarity,
the Video (as defined below in Section 4) must include the Entrant (i.e., the child
between the ages of six (6) and eighteen (18)) in order for the Entry to be
eligible.
3.
If you are a minor (“Minor”) as defined by your state of residence, please get
your parent’s or legal guardian’s (“Parent”) permission to enter. Void where
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prohibited and subject to all applicable federal, state, local, and municipal laws
and regulations.
“Household Member” shall mean people who share the same residence at least
three (3) months a year, whether related or not. “Immediate Family Member”
shall mean parents and/or legal guardians, step-parents, grandparents, children,
step-children, siblings, step-siblings, or spouses, regardless of where they live.
For the avoidance of doubt, the above categories of ineligible persons refer to
both the Entrant as well as the potential Finalist’s Guest (as defined in section 8
below).
Entrants and any optional Video Participants (as defined below) may not
have been convicted of a felony. By entering, each Entrant understands and
agrees that, if selected as one of the Finalists (defined in section 4 below), the
Entrant and any optional Video Participants that appear in the Entrant’s Video will
be required to consent to a background check (unless such person is a Minor);
and, failure to sign such consents and authorizations and/or to furnish all
required information will result in disqualification. In addition, Sponsor reserves
the right in its sole discretion, to disqualify any Entry and/or disqualify the
potential Finalist if the results of such background check reveal that the Entrant
and/or potential Finalist and/or any Video Participants that appear in the Video
are not eligible to participate in the Contest or has been convicted of, or is
currently charged with, a felony or a crime of moral turpitude, as determined by
Sponsor in its sole discretion.
For purposes of these Rules, all times and days are Pacific Time (“PT”).
Sponsor’s computer is the official time keeping device for this Contest; and the
awarding of any prize is subject to the eligibility and forfeiture provisions set forth
herein. The times set forth below are subject to change in Sponsor’s sole
discretion. In the event of any change, notice of the revised date or time will be
posted on App. Normal Internet access and usage charges imposed by your online service will apply. It is solely your responsibility to notify the Sponsor if you
change the email address (“Address”) associated with your Entry.
4.
BRIEF OVERVIEW OF CONTEST:
Contest is being conducted in three (3) phases as follows:
Phase 1/Entry Phase: You may enter this Contest via the App (as more fully
described below) starting at 12:00 PM (noon) PT on February 13, 2017, and
ending at 11:59 PM PT on March 5, 2017 (“Entry Period”), by completing the
following steps: [a] create a video that shows how you, the Entrant (a child
between 6 – 18 years of age), either on your own or as part of your Family [as
defined below]) would present an award at the RDMAS and why you should be
chosen to present an award at the RDMAS (“Video”); [b] follow the instructions
(“Instructions”) within these Rules and posted in the App to create your Video;
and [c] submit your Video and complete an entry form (“Entry Form”) on the
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App. Video and Entry Form are collectively referred to herein as “Entry” and
“Entries”. All Entries will be judged, and if selected as a Finalist as set forth
below, your Entry will be presented for public voting. Incomplete Entries will be
disqualified.
YOUR VIDEO MUST INCLUDE THE ENTRANT (I.E., A CHILD BETWEEN THE
AGES OF 6 – 18 AT THE TIME OF ENTRY) AND MAY ALSO INCLUDE UP TO
THREE (3) MEMBERS OF THE ENTRANT’S “FAMILY.”
FOR PURPOSES OF THIS CONTEST, A “FAMILY” CONSISTS OF
INDIVIDUALS WHO HAVE RELATIONSHIPS WITH THE ENTRANT (I.E., THE
CHILD BETWEEN THE AGES OF 6 – 18) AND EACH OTHER THAT ARE
CONSIDERED FAMILIAL IN NATURE, EITHER BY BLOOD, LAW OR
MARRIAGE (E.G., NUCLEAR AND EXTENDED FAMILY MEMBERS).
ANY OPTIONAL “FAMILY” OF THE ENTRANT WHO ARE INCLUDED IN THE
ENTRANT’S VIDEO ARE REFERRED TO HEREIN AS “VIDEO
PARTICIPANTS” AND MUST CONSENT TO BE INCLUDED IN THE VIDEO
AND/OR CONTEST. IN THE EVENT THE VIDEO CONTAINS FOUR (4)
FAMILY MEMBERS (I.E. ENTRANT AND THREE (3) VIDEO PARTICIPANTS),
ONE (1) VIDEO PARTICIPANT MUST BE A PARENT/LEGAL GUARDIAN THAT
WILL BE RESPONSIBLE FOR MINORS IN THE EVENT ENTRANT IS
AWARDED A PRIZE (AS DEFINED IN SECTION 8 BELOW).
SPONSOR MAY, IN ITS SOLE DISCRETION, DISQUALIFY ANY ENTRY THAT
INCLUDES PERSON(S) THAT SHOULD NOT BE INCLUDED AS PART OF
THE ENTRY AS SET FORTH ABOVE. ALL DETERMINATIONS REGARDING
FAMILY MEMBERS/VIDEO PARTICIPANT ELIGIBILITY SHALL BE AT
SPONSOR’S SOLE DISCRETION AND SHALL BE FINAL AND BINDING.
BY SUBMITTING A VIDEO, ENTRANT AGREES TO SUBMIT A SIGNED
RELEASE TO APPEAR ON THE RDMAS IF THEY BECOME A FINALIST.
ENTRANT MUST ALSO HAVE THE WRITTEN CONSENT OF ANY VIDEO
PARTICIPANTS (OR THEIR PARENT/LEGAL GUARDIANS, AS APPLICABLE)
GRANTING THE ENTRANT THE RIGHT TO INCLUDE SUCH PERSON IN THE
VIDEO AND CONTEST. POTENTIAL FINALISTS MUST FURNISH WRITTEN
PROOF OF SUCH CONSENTS AS A CONDITION OF BEING CONFIRMED AS
A FINALIST AS SET FORTH IN SECTION 7 BELOW.
There is no limit to the number of Videos an Entrant may submit.
In order to enter, you must download the App: Download the App, available on
Google Play and the iTunes App store, to at least one (1) mobile device (e.g., your
smart phone or tablet). Once you access the App, look for the tile/box that mentions
this Contest, click the tile/box and complete the online registration form. If you are
between the ages of 6 and 12 (inclusive), please enter your first name and your
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Parent’s email address; if you are between the ages of 13 and 18 (inclusive) (or the
Parent or grandparent of an eligible child) please enter your first name and your
own email address (“Address”). The App is free to download and use, but subject
to the listed terms and conditions described within the App. Data charges may
apply. Standard rates will apply according to the terms and conditions of the
Entrant’s service agreement with his/her wireless carrier. Other charges may apply
(such as normal airtime and carrier charges) and may appear on the Entrant’s
mobile phone bill or be deducted from his/her prepaid account balance. Wireless
carriers’ rate plans may vary, and the Entrant should contact his/her wireless carrier
for more information on rate plans and charges relating to his/her participation in
this Contest. Wireless service may not be available in all areas. Each Entrant
should check his/her mobile device capabilities for specific instructions.
See Section 10C(ii)[2] for more details on the use of Disney intellectual property
(“Disney IP”) or RDMA intellectual property (“RDMA IP”). No purchase is
necessary to enter this Contest or for the creation of a Video, nor will it increase
your chances of winning. Entries must be appropriate for PG audiences as
determined by Sponsor.
Video must be in one of the following file formats: avi, .wmv, .asf, .mov, .3gp, .mp4,
.mpg, or .m4v (“Format”), no larger than 200 MB (“File Size”), and a maximum of
two minutes (2:00) in duration (“Duration”).
If you are 13 or older, you will be agreeing to the Disney Terms of Use (“TOU”),
located at http://disneytermsofuse.com, to these Rules and the decisions of the
Judges and Sponsor, which are final and binding in all respects. Furthermore,
you grant Sponsor permission to email your Address regarding the possible use
in any media of any Entry submitted by you.
If you are younger than 13, an email will then be sent to your Parent’s Address,
which will instruct your Parent to click the link in the email to validate your
Parent’s Address, agree to the TOU, to these Rules and the decisions of the
Judges and Sponsor, which are final and binding in all respects, on behalf of
himself/herself and on your behalf, and grant Sponsor permission to email your
Parent’s Address regarding the possible use in any media of any Entry submitted
by you. If your Parent does not take these steps, your Entry cannot be entered
into the Contest. Once your Parent takes these steps, your Entry will be
moderated for possible inclusion to be posted on the App and entered in the
Contest. If your Entry passes moderation and is chosen for possible inclusion on
the App, your Parent will receive an additional email to provide high-level
verifiable consent to display the Entry on the App or elsewhere as required by the
Children’s Online Privacy Protection Act. Your Parent can provide this consent by
clicking on the PayPal link in the email, signing into their PayPal account or
creating a PayPal account if they do not have one, and completing a nominal
PayPal transaction of one cent ($.01). If this step is not taken, your Entry will not
be eligible to be entered into the Contest or posted on the App or elsewhere.
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In the event of any discrepancy or inconsistency between the terms of these
Rules, the Privacy Policy (defined below) and/or TOU, the terms of these Rules
shall govern. Sponsor reserves the right not to post any Entry for any reason in
its sole discretion. Entries will not be returned, and Sponsor reserves the right to
use any portion of the Entry in perpetuity, without compensation, for any
commercial or promotional or other purpose, except where prohibited by law.
Your Entry may be edited, adapted, modified and/or used to create derivative
works by Sponsor at its sole discretion.
When creating your Entry, please adhere to the Do’s & Don’ts below and on the
App.
DO’s & DON’Ts
Do’s...
•
Do protect your privacy.
Please don’t include any last names or other personal information (such as
date of birth, home address or phone number), in your Video. For the
avoidance of doubt, you may introduce yourself (if you are a solo
performer) and any others in the Video (if you are of a family) by saying
only first name(s). The use of an introduction is not required. Also, don’t
include any names and/or likenesses of any person(s) other than
individuals who have consented to be included in the Contest and who are
members of your Family (i.e., have relationships with you and each other
that are considered familial in nature). Each performer who is seen or
heard in the Video (either solo or as a family) who is a Minor, must have
their Parent’s and/or legal guardian’s permission to participate in the Video
and to submit the video into the Contest.
•
Do be original. Feel free to put your own spin on presenting an award at
the RDMAS and show your personality and poise.
•
Do have fun!
Don’ts...
•
Don’t include any music in your Video.
•
Don’t be rude or use profanity.
Avoid bad language, rude gestures and other inappropriate behavior and/or
objects, and for your safety, don’t try any risky moves or perform dangerous
stunts.
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•
Don’t wear revealing clothing or display suggestive movements.
Don’t submit a Video that is too long or short in Duration, too big in File
Size or in the wrong Format. Your Video must be in one of the following file
formats: avi, .wmv, .asf, .mov, .3gp, .mp4, .mpg, or .m4v, no larger than 200 MB,
and a maximum of two minutes (2:00) in duration.
Filmmaker Tips
•
Shoot in Landscape or Widescreen mode.
Try to hold the camera so your Video comes out wider than it is tall (like a movie
screen), but this is a suggestion, not a requirement.
•
Be Bright.
Use sunlight, light bulbs, whatever! Shoot with lots of light coming from behind
the camera and shining on you (or you and your family)!
•
Speak Up.
The closer you (or you and your family) are to the camera or separate
microphone, the better the voice(s) will sound.
•
Keep it Steady.
Make sure your camera is on a tripod or make sure something is holding it
steady.
Phase 2/Judging/Finalist Selection Phase: Entries will be judged by Sponsor’s
appointed panel of judges consisting of employees of Sponsor (“Judges”) who
will score the eligible Entries based on the following criteria (“Criteria”) in order to
determine the Entrants who provided the top three (3) Videos (“Finalist(s)”):
entertainment value of award presentation shown in the Video (40%);
personality, poise and presence (20%); ability to speak clearly (20%); and
explanation why Entrant should be chosen as a presenter at the RDMAS (20%).
The highest scoring Entries will determine the potential Finalists. If an Entrant
includes optional Video Participants/Family members in his/her Video, the entire
performance of the Entrant, along with the Video Participants, will be judged
according to the Criteria.
Tied Entries: In the event of a tie, the tie will be broken by the Judges based on
the first Criterion – Video Participant’s award presentation shown in the Video.
The decision of the Judges shall be final and binding.
Phase 3/ Voting Phase: The Videos from the Finalists who have satisfactorily
completed the verification process set forth in Section 7 below will be posted on
the App, commencing at 12:00 PM (noon) PT on April 10, 2017 and ending at
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11:59 PM PT on April 23, 2017 (“Voting Phase”), and individuals who have
downloaded the App (“Users”) will be able to vote for their favorite Finalist on the
App (“Vote”). Limit one (1) Vote per User per day during the Voting Phase.
The one (1) Finalist that receives the highest number of Votes during the Voting
Phase will be deemed the grand prize winner (“Grand Prize Winner”), subject to
Sponsor’s rights and the requirements set forth herein, and pending verification
of all Votes and accuracy of Grand Prize Winner’s Finalist Documents (defined in
section 7 below). Finalists are prohibited from obtaining Votes by any fraudulent
or inappropriate means, including, without limitation, offering prizes or other
inducements to members of the public, as determined by Sponsor in its sole
discretion. Without limiting the foregoing, disqualification of an Entrant and/or
Votes can result if Sponsor/Administrator (in their sole discretion) suspect any
fraud or voter/voting misconduct. This includes (but is not limited to) if any Votes
appear to violate Vote limits or involve the purchasing or bartering of Votes.
Determination of violations are at Sponsor’s sole discretion and include, but are
not limited to: (a) unusual patterns in Votes for an individual Entry originating
from the same IP address during the same day; (b) an unusually high number of
Votes originating from the same IP address during the same day; (c) unusual
username patterns originating from the same IP address; and (d) unusual timeof-day patterns originating from the same IP address. Sponsor reserves the right
to disqualify any Votes, which in Sponsor’s good faith determination, are cast in
violation of these Rules, to achieve an unfair advantage or by automated means
of any sort.
5.
CONTEST ENTRY REQUIREMENTS: All Entries must meet the following
requirements and specifications to be eligible:
a. The Entry must be authorized. This means that you must have the
legal right and any and all permissions necessary to submit the
Entry into the Contest. By submitting the Entry, you hereby
represent that you have all rights necessary to distribute the Entry
through the App or any other website and to grant to Sponsor the
rights set forth herein.
b. With the exception of any Disney IP or RDMA IP you may use, the
Entry must be your original work and must not infringe the
copyright, trademark, privacy, publicity or any other intellectual
property right of any person or entity.
c. The Entry must meet all specifications set forth by Sponsor in these
Rules, including, without limitation, Format, Duration and Size, and
those specifications described in the Rules.
d. The Entry must not, in the sole discretion of Sponsor, contain any
inappropriate content including but not limited to, material which is
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(or promotes activities which are) 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 in their sole discretion; must 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 Entries 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. The Entry must not violate these
Rules or the TOU.
e. The Entry must not disparage the Entities.
f. With the exception of any Disney IP or RDMA IP you use in your
Entry, you represent and warrant that: (i) you are the sole and
exclusive creator and owner of the Entry, and all rights thereto; (ii)
you have the full and exclusive right, power and authority to submit
the Entry to Sponsor upon the terms and conditions set forth
herein; (iii) the Entry has not been previously published nor has it
received any previous awards and/or prizes; (iv) no rights in the
Entry have previously been granted to any person, firm, corporation
or other entity or otherwise exercised or exploited; and (v) the full
use of the Entry 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.
g. Any Entry that fails to meet Sponsor’s specifications may be
disqualified. All Entries must be received during the Entry Period.
In the event that the same Entry is received from more than one (1)
Entrant, only the first Entry received will be accepted. Any Entry
received after the applicable Entry Period will be disqualified. Proof
of submitting an Entry does not constitute proof of receipt or entry
into the Contest.
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h. You are responsible for, and must have obtained, prior, written
approval from any identifiable person (or such person’s Parent if
such person is a Minor) that appears in, is mentioned in, or
otherwise contributed to the Entry (each a “Third-Party
Participant”) for you to include such person in the Entry. By
entering, you represent and warrant that you have obtained such
permission and all other necessary authorizations from any ThirdParty Participant (or such Third-Party Participant’s Parent if ThirdParty Participant is a Minor) allowing use of such person’s name,
likeness or contribution in the Entry, and you and each Third-Party
Participant (or such Third-Party Participant’s Parent if Third-Party
Participant is a Minor) agree to and do hereby assign all rights for
usage to Sponsor. You may be required, at any time, to provide
Sponsor with evidence of all such written permission(s) and
authorizations immediately upon request, or you may be
disqualified and rendered ineligible to receive a prize in this
Contest.
6.
SPONSOR’S RIGHT TO DISQUALIFY: Sponsor reserves the right, in its
sole discretion, to disqualify and remove any Entry that is not in compliance with
the TOU or these Rules, including without limitation, any Entry that Sponsor
believes potentially or actually infringes upon the copyrights, or other rights of
any third party, or any Entry that is inappropriate, objectionable, or unsuitable for
the uses contemplated in these Rules. In the event that a winner is disqualified,
the prize will be forfeited and may or may not, at Sponsor’s sole discretion, be
awarded to an alternate winner selected from among the remaining eligible
Entries.
7. FINALISTS NOTIFICATION PROCESS: On or about March 13, 2017, each
potential Finalist or the Parent of such Finalist (if and as applicable) will be
notified by email (“Email Notification”) at the Address associated with the Entry
to verify their identity and eligibility. Potential Finalists or the respective Parent(s)
of potential Finalists, as applicable, will be required to complete, sign and return
within three (3) business days of transmission, an Affidavit of Eligibility, a Liability
Release and Indemnification, a Materials Release, and a Depiction Release(s)
for Entrant and any Video Participants appearing in the Video (parent signature
required for all Minors appearing in Video), where allowed by law, the necessary
paperwork for a background check for the Entrant and Video Participant(s) and
any Guests (as defined and discussed in Section 8 below), unless any such
person is a Minor, as well as release(s) from any person(s) who were involved in
the creation of the Finalist’s Entry (if and as applicable) (collectively, “Finalist
Documents”).
At the sole discretion of the Sponsor, disqualification and the selection of an
alternate potential Finalist may result from any of the following, without limitation:
[a] a potential Finalist’s (or Finalist’s Parent’s) failure to respond to Email
Notification within forty-eight (48) hours after its transmission; [b] the return of an
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Email Notification as undeliverable after three (3) attempts; [c] a potential Finalist’s
or a Parent of respective Finalist’s failure to execute and return all Finalist
Documents within three (3) business days of transmission; [d] a potential Finalist’s
(or his/her Parent’s) failure to provide Sponsor with satisfactory proof of eligibility,
and [e] any other non-compliance with these Rules or the TOU. In the event of a
disqualification or prize forfeiture, Sponsor may, in its sole discretion, select or not
select an alternate potential Finalist, i.e., the next highest scoring Entry (time
permitting).
8. THREE (3) FINALIST PRIZES: A three (3) day / two (2) night trip for the
Entrant/Finalist and the up to three (3) Video Participant(s) from Finalist’s Video,
or in the event that Finalist’s Video includes fewer than three (3) Video
Participants, up to three (3) guests (individually, “Guest,” and the Guest(s),
Entrant and Video Participant(s) shall collectively be referred to as the “Group”)
to the Los Angeles, CA area (“City”), on Sponsor-selected dates (“Trip”) to
attend the Radio Disney Music Awards (“Event”) consisting of the following
elements for each Group: [1] hotel accommodations (one standard room/quad
occupancy, including room tax) for two (2) nights; [2] up to four (4) tickets to the
Event to be held on or about April 29, 2017; [3] hotel/Event transfers; [4] if
Finalist’s residence is located more than two hundred fifty (250) miles from the
City, round-trip coach air transportation on a Sponsor-selected carrier between a
Sponsor-selected major metropolitan airport near Finalist’s residence (“Airport
of Origin”) and a Sponsor-selected airport in or near the City; but if Finalist’s
residence is located two hundred fifty (250) miles or less from the City, round-trip
ground transportation via a Sponsor-selected method between Finalist’s
residence and the hotel; [5] airport/hotel transfers if air transportation is provided
(“Prize”).
“Prize” shall mean and refer to each Finalist Prize and the Grand Prize.
“Winner” shall mean and refer to each Finalist and the Grand Prize Winner.
ONE (1) GRAND PRIZE: The Grand Prize consists of the Prize (as defined above)
plus the opportunity for the Grand Prize Winner and the Video Participants from
Grand Prize Winner’s Video (if any) to appear on stage during the Event and
present an award at the RDMAS. The specific award that the Grand Prize Winner
and the Video Participants will present, the duration of the appearance on stage
and all other details regarding the presentation of an award at the RDMAS shall
be determined solely at Sponsor’s discretion.
Group must take Trip on Sponsor-selected dates estimated to be April 28,
2017 through April 30, 2017, or Prize will be forfeited in its entirety and, at
Sponsor’s discretion, awarded to an alternate Winner, i.e., the next highest
scoring Finalist (if time permits). If the Prize is awarded to a non-resident of
California, the Prize will also include an estimated cash amount of $280, which
cash amount will be withheld to defray his/her payment of taxes payable as a result
of winning the Prize. ARV: $4,000 (if Winner is a resident of California), or $4,280
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(if Winner is not a resident of CA), which will vary depending upon point of
departure and seasonal fluctuation of hotel rates and airfares.
The Group must travel together on the same itinerary and must travel from the
same Airport of Origin. Members of the Group are solely responsible for obtaining
any and all necessary travel documents (i.e. valid photo I.D., passport, etc.) before
departure. All Guests will be required to execute a Release of Liability prior to
ticketing. If Winner is a Minor, the applicable Prize will be awarded for the benefit of
the Minor to his/her Parent, who will be solely responsible on behalf of the Minor for
all applicable documents and taxes.
If Winner is a Minor, he/she must be accompanied on the Trip by his/her
Parent at all times, who shall count as one of the Winner’s allotted Guests. If
any Guest is a Minor, he/she must be accompanied on the Trip by his/her
Parent/legal guardian at all times, who shall count as one of the Winner’s allotted
Guests.
All federal, state and local taxes (including but not limited to income and
withholding taxes), sales taxes on or connected with the Prize (as defined
below), and the reporting consequences thereof, are solely the responsibility of
the Winner who will receive an IRS Form 1099 reflecting the final actual value of
his/her Prize (as defined below). Prize (as defined below) is subject to California
non-resident withholding taxes if Winner is a non-resident of California.
All expenses not specifically mentioned herein are not included and are solely
the Winner’s responsibility, including but not limited to: round trip transportation
between the Winner’s residence and any Airport of Origin, beverages, tax, food,
gratuities and tips, insurance, laundry service, merchandise, parking, room
service, service charges, souvenirs and telephone calls. Travel and lodging and
seeing various performers and stars are subject to availability, certain
restrictions, blackout dates and Sponsor’s approval. Airline carrier and hotel
regulations and conditions, including any age restrictions and requirements,
apply. Travel must be made through Sponsor’s agent and Sponsor shall
determine airline and flight itinerary in its sole discretion. Once the travel
schedule has been arranged, it cannot be altered and failure of Winner to follow
such schedule shall not obligate Sponsor in any way to provide the Winner with
alternate arrangements. Entities are not responsible for airline cancellations or
delays. Photo identification and credit card or cash deposit may be required at
check-in for incidental charges (e.g., room service, use of telephone/IT services,
laundry and all other optional extra services not provided in the Prize). If a
Winner elects to travel or partake in the Trip with no Guest, no additional
compensation will be awarded. Air transportation, ground transfers and
accommodations must be taken together and cannot be taken separately.
If the actual value of a Prize is less than the stated ARV, the difference will not be
awarded. Prize is not redeemable for cash or transferable. Any depiction of a
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Prize is for illustrative purposes only. No substitution allowed except, at
Sponsor’s sole discretion, a Prize of equal or greater value may be substituted.
Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers,
certificates or Prize elements. Prize elements may not be separated. Airline
tickets issued in conjunction with the Prize are not eligible for frequent flyer miles,
and no code share flights may be used. Prize cannot be used in conjunction with
any other promotion or offer. Prize will be awarded provided a sufficient number
of eligible Entries are received and Prize is validly claimed by April 14, 2017,
after which no alternate Winner will be selected, nor unclaimed Prize awarded.
The Group must follow all instructions of Sponsor related to the Trip. Should
Winner, Video Participants and/or Guest(s) fail to adhere to any such instructions
or engage in unruly, obnoxious, illegal, threatening, or otherwise inappropriate
behavior (as determined by Sponsor in its sole discretion), Sponsor reserves the
right, without further notice or warning, to terminate the Trip or other applicable
experience early, in whole or in part, and send Winner, Video Participants and/or
Guest(s) home and/or take other actions as Sponsor deems appropriate in its
sole discretion without any liability or other obligation to Winner, Video
Participants or Guest(s). Event is subject to, and Sponsor is not responsible for,
changes to schedule, exigencies or delays, postponements or cancellation of the
Event. In the event the Event portion of the Prize cannot take place as scheduled
for any reason including but not limited to scheduling conflicts, cancellations,
postponement, location changes, an event of force majeure, Sponsor reserves
the right to award the remainder of the Prize with no further obligation to a
Winner.
As a condition of accompanying a Winner on the Trip, Guest(s) will be required to
consent to a background check; and, failure to sign such consents and
authorizations and/or to furnish all required information will result in such
Guest(s) not being allowed to accompany a Winner on Trip. In addition, Sponsor
reserves the right, in its sole discretion, to refuse to allow a person selected as a
Winner’s Guest to accompany a Winner on the Trip if the results of such
background check reveal that such initially selected Guest has been convicted of
a felony or a crime of moral turpitude, as determined by Sponsor in its sole
discretion, in which case a Winner may choose an alternate Guest (who will also
be subject to a background check). Should Sponsor determine that such
substitute Guest is also not permitted to accompany a Winner on the Trip based
on the results of background check, Sponsor will have no liability of any kind
(either to a Winner, proposed Guest or any third party). If Winner elects to take
the Trip without Guests or fewer Guests than provided for in the Prize package,
components of the Trip will be awarded in increments/quantities suitable for the
actual number of travelers and Winner will not receive any compensation or
substitute/alternate Prize for same.
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9. PRIVACY POLICY/DATA COLLECTION: All personal information provided by
you for this Contest is subject to Sponsor’s privacy policy located at
https://disneyprivacycenter.com (“Privacy Policy”).
10. GENERAL RULES:
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 Entry 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 App 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 App,
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 “App Marks”). Unless you have written permission,
you hereby agree not to display or use the App Marks in any
manner.
c. Rights:
i. Name and Likeness Rights: By participating in the Contest
and accepting a Prize, you grant to Sponsor and its
advertising and promotion agencies, a perpetual, nonexclusive, 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
Entrant and any other person(s) appearing in the Entries. 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 App, on thirdparty 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
13
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. Entry/Entry Rights: By participating in the Contest and
accepting any award, you grant to Sponsor: [1] a nonexclusive, sublicensable, irrevocable and royalty-free
worldwide license under all copyrights, trademarks, patents,
trade secrets, privacy and publicity rights and other
intellectual property rights to use, reproduce, transmit, print,
publish, publicly display, exhibit, distribute, redistribute, copy,
index, comment on, modify, adapt, translate, create
derivative works based upon, publicly perform, make
available and otherwise exploit your Entry, in whole or in
part, in all media formats and channels now known or
hereafter devised (including on third-party sites and
platforms such as Facebook, YouTube and Twitter), in any
number of copies and without limit as to time, manner and
frequency of use, without further notice to you, with or
without attribution, and without the requirement of
permission from or payment to you or any other person or
entity; [2] if your Entry includes, uses and/or features Disney
IP or RDMA IP, Sponsor grants you a non-exclusive license
to create the Entry using Disney IP or RDMA IP for the
purposes of creating a Entry for this Contest only, provided
that such license shall be conditioned upon your assignment
to us of all rights into the Entry (if such rights are not
assigned to Sponsor, your license to create the Entry using
Disney IP or RDMA IP shall be null and void) and; [3] not
withstanding any other provisions in these Rules you agree
that if your Entry is a Prize-winning Entry, you agree to sign
an affidavit assigning all rights in and to your Entry to
Sponsor.
d. Not Responsible for Errors or Entries not Received: Sponsor is not
responsible for any human, typographical or other errors in the
printing of the Rules, marketing materials and/or the App,
administration of the Contest or the announcement or distribution of
the Prize, or for lost, late, misdirected, damaged, incomplete or
illegal Entries.
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 Entry
hereunder, that you have no expectation of review, compensation
14
or consideration of any type and nothing in these Rules or as a
result of your submitting the Entry shall be deemed to place
Sponsor in any different position from anyone else to whom you
have not submitted the Entry.
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 Entries for promotional or any other
purpose.
g. If for any reason 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 Entries, 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 discretion to cancel, terminate, modify, extend
and/or suspend the Contest and/or to award the Prize based on
alternate means including, without limitation, based on Entries
received prior to termination.
11.
RELEASE,
WARRANTY,
LIMITATION
OF
LIABILITY
AND
INDEMNIFICATION/CONDITIONS: You expressly understand and agree that:
[a] You hereby release and hold harmless the Entities, and their respective
agents, employees, officers, directors, shareholders, representatives and
independent contractors (the “Released Parties”) from any and all liability for
claims, demands, losses and liabilities, including, without limitation, for death and
bodily injury, resulting, in whole or in part, directly or indirectly, from your
participation in the Contest and/or the use or acceptance of any Prize won; [b]
YOUR USE OF THE APP AND PARTICIPATION IN THE CONTEST IS AT
YOUR SOLE RISK. THIS CONTEST IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT; [c] You agree to indemnify and hold harmless the Released
Parties from and against any and all claims, liabilities (including, but not limited
to, attorneys’ and experts’ fees, costs and disbursements), demands and actions
of every kind and nature, whether or not now known or suspected (collectively,
“Claims”), arising out of or in connection with (i) your participation in the Contest;
(ii) any Entry submitted by you (including, but not limited to, any and all Claims of
third parties, whether or not groundless, based on the Entry of such material); (iii)
any posting by you on Sponsor’s App; (iv) the use by Released Parties of any of
the rights granted by you in connection with the Contest; and (v) any breach by
you of any warranty, agreement or representation contained in these Rules or
TOU or in any documentation submitted by you; [d] any and all Claims shall be
15
resolved individually, without resort to any form of class action; [e] Winner’s
acceptance of any prize constitutes the grant of an unconditional right to Sponsor
and assigns to photograph, film, or otherwise capture the fulfillment of the prize
(“Fulfillment Filming”), and Sponsor shall have the unconditional right to
reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize
with visual material, modify, amend, create derivative works from, and otherwise
use and permit others to use the Fulfillment Filming throughout the universe in
any and all media now known or hereafter devised, in all languages and in all
versions, in perpetuity, without compensation, for any commercial or promotional
or other purpose, except where prohibited by law; [f] Sponsor’s use of the
Fulfillment Filming as described herein will not give rise to any claims of
infringement, invasion of privacy, defamation or claims for performance or
payment of any kind, including but not limited to payment of re-use fees,
residuals or license fees; and [g] Sponsor shall have the right to make such
changes to the Fulfillment Filming and make such uses thereof as it deems
necessary or desirable, including but not limited to the right to use, edit, and
reproduce and/or alter said Fulfillment Filming in perpetuity, in its entirety or in
part, for any commercial or promotional purposes worldwide without any
consultation or additional permission, or compensation, credit or attribution.
12. INTERNET:
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 Entries 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.
b. SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION
TO DISQUALIFY YOU IF YOU TAMPER OR ARE SUSPECTED
OF TAMPERING WITH THE ENTRY PROCESS. ANY ATTEMPT
BY YOU TO DELIBERATELY DAMAGE ANY APP/WEBSITE
OWNED OR OPERATED BY SPONSOR, INCLUDING, BUT NOT
LIMITED TO, THE APP, 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
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SPONSOR DEEMS APPROPRIATE IN KEEPING WITH THE
FAIRNESS AND INTEGRITY OF THE CONTEST.
13. 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 New York, 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 New York, in the borough
of Manhattan. 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.
14. WINNERS AND/OR RULES: For a copy of the Rules and/or the name of the
Winners, send a separate, stamped, self-addressed envelope to: Radio Disney
Music Awards Shape the Spotlight Contest Winner/Rules Requests, c/o Ventura
Associates, Dept. BW, 60 East 42nd Street, Suite 650, New York, NY 10165,
designating either Winner’s list or Rules. Requests must be received no later
than April 26, 2017.
All trademarks are the property of the trademark owner.
This Sweepstakes is in no way sponsored, endorsed or administered by, or
associated with Apple, Inc.
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