Updated: 5/26/2010
PLEASE CAREFULLY READ THESE GENERAL TERMS OF USE BECAUSE THEY CONTROL YOUR ACCESS TO AND USE OF THE "WORLD OF COLOR" TAB OF DISNEYLAND'S FACEBOOK FAN PAGE (THE TAB") AND THE "WORLD OF COLOR" VIDEO MASHUP WEBSITE (THE "WEBSITE") AND ALL ASSOCIATED APPLICATIONS, MESSAGE BOARDS, TRADEMARKS, CONTENT, MUSIC, DATA, MATERIALS, BADGES, VIRTUAL GIFTS, GAMES AND FEATURES (COLLECTIVELY, THE "MATERIALS"). By accessing and using the Tab, Website or their Materials, or by clicking a box that states that you agree to these terms of use, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not access or use the Tab, Website or Materials.
You agree that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your access to and use of the Tab, Website and Materials.
PRIVACY POLICY - Disney Destinations World of Color
Effective: May 28, 2010
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Disney Destinations, LLC ("Disney Destination", "we," "us," or "our" or "ourselves"), is responsible for, among other things, advertising, promoting and marketing the Walt Disney World® Resort, Disneyland® Resort and Disney Cruise Line. In addition, Disney Destinations (and others acting on our behalf) provides various online products and services, including programs i nvolving social media Web sites such as www.Facebook.com ("Facebook"). Disney Destinations operates the World of Color Video Mashup Web site, located at http://worldofcolorcreator.com (the "WOC Site"), and the World of Color Facebook Tab, located at www.facebook.com/disneyland (the "WOC Tab"). Our contact information is provided below in the response to Q8.
As used in this Privacy Policy, "The Walt Disney Family of Companies" refers to The Walt Disney Company and its subsidiary and affiliated entities, singly or together, including companies such as ABC and ESPN that generally do not offer their products and services under the "Disney" brand name, as well as companies that generally do offer their products and services under the "Disney" brand name. (At times, our Web sites may refer to The Walt Disney Family of Companies as "The Walt Disney family of companies."). Disney Destinations (including its subsidiaries) is a member of The Walt Disney Family of Companies.
Except as specifically described below in A3, this Privacy Policy applies only to personally identifiable information collected on the Web sites or other media (collectively referred to hereafter as, "Web sites") where this Privacy Policy is posted and does not apply to any other information collected by The Walt Disney Family of Companies through any other means. For example, we may post this Privacy Policy on the pages of certain online applications we offer through the Facebook "Platform" technology ("Facebook Application") to inform you that personally identifiable information we collect on those pages is governed by this Privacy Policy. Although Facebook may require that our Facebook Application pages also display the Facebook frame including the link to Facebook’s privacy policy, the Facebook privacy policy and your Facebook settings do not apply to information that we collect on the Facebook Application pages where you see this Privacy Policy is posted.
In keeping with the traditions of The Walt Disney Company, we refer to individuals who purchase or use products or services of The Walt Disney Family of Companies as "guests." When this Privacy Policy uses the term "personally identifiable information," we mean information that identifies a particular individual, such as the individual's name, postal address, e-mail address, and telephone number. When other information (such as, for example, consumer product preferences or number of children) is directly associated with personally identifiable information, this other information also is treated as personally identifiable information for purposes of this Privacy Policy. Personally identifiable information does not include screen names (also known as member names, usernames or other online aliases) provided by our guests in the course of registering with or using any of our Web sites, except in circumstances in which we request that guests provide their e-mail addresses as their screen names. Personally identifiable information is sometimes referred to in this Privacy Policy as "personal information." Finally, the terms of this Privacy Policy are subject to all applicable laws.
Kids' Privacy Policy
We do not knowingly collect personal information from kids under the age of 13 under this Privacy Policy.
We collect several types of personally identifiable information about our guests.
Information You Provide to Us
Much of the personally identifiable information we receive comes directly from guests who are interested in obtaining various products and services from us or another member of The Walt Disney Family of Companies. Typically, this information includes the guest's name, postal address, e-mail address, and telephone number. We may also collect other types of information such as gender, age, number of children, and personal interests, which we may associate with personally identifiable information. If you purchase products or services from us or another member of The Walt Disney Family of Companies, we'll note, for example, credit card information, the type of services or products ordered or purchased, and the date of the order or purchase. You may also provide us photographs or other video materials, which may contain personal information. We may collect personal information when you register on, log on, or visit our Web sites, including when you participate in activities on our Web sites, such as sweepstakes, contests, games, and informational and promotional offers, and when you provide information to our customer service representatives. Finally, our Web sites may offer message boards, conversation pages, chat rooms, social community environments, profile pages, and other Public Forums (as defined in the Terms of Use governing our Web sites (the "Terms of Use")), as well as other features in which you may provide us with User Submissions (as defined in the Terms of Use). If you provide personal information when you use any of these features, that personal information may be publicly posted and otherwise disclosed without limitation as to its use by a third party. Approved User Submissions made on either the WOC Site or the WOC Tab will be posted to the video galleries of both the WOC Site and the WOC Tab, along with your name. Our rules regarding User Submissions are described in the Terms of Use, including in the "User Submissions," "Public Forums and Communication" and "House Rules" sections of the Terms of Use.
Information Collected Through Technology
We may collect information through technology to make our Web sites more interesting and useful to you and for various purposes related to our business. For instance, when you come to one of our Web sites, we may collect your IP address. An IP address is associated with the access point through which you enter the Internet, and is typically controlled by your Internet Service Provider (ISP), your company, or your university. Standing alone, your IP address is not personally identifiable. We may use IP addresses to collect information regarding the frequency with which our guests visit various parts of our Web sites, and we may combine IP addresses with personally identifiable information.
Our Web sites may collect information through a variety of technical methods, including cookies and Web beacons. Cookies are pieces of information that a Web site sends to your computer while you are viewing the Web site. Web beacons are small pieces of data that are embedded in images on the pages of Web sites. Cookies, Web beacons and other technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf.
We may use the information collected through these technical methods for many purposes, including delivering content, and tracking and enhancing our guests' experience on our Web sites. For example, when you return to one of our Web sites after logging in, cookies provide information to the site so that the site will remember who you are. We also may use technical methods to analyze the traffic patterns on our Web sites (such as the frequency with which our users visit various parts of our Web sites), as well as the frequency with which our users visit other third party Web sites. In addition, we may send HTML e-mails to our guests that contain technical methods that can be used in a numbers of ways when you link from the e-mails to our Web sites, including: to determine whether our guests have opened or forwarded those e-mails and/or clicked on links in those e-mails, to customize the display of banner advertisements and other messages on our Web sites, and to determine whether a guest has made an inquiry or purchase in response to a particular e-mail. These technical methods may enable us to collect and use information in a form that is personally identifiable.
Advertisements may be managed and placed on our Web sites by third parties. These companies are called "network advertisers." Network advertisers who place advertisements on our Web sites may use cookies and Web beacons to collect non-personally identifiable information about your visits to our Web sites and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like to obtain more information about the practices of some of these network advertisers and to make choices about their use of your information, please click here. Finally, please keep in mind that if you click on an advertisement on one of our Web sites and link to a third party's Web site, then our Privacy Policy will not apply to your personally identifiable information collected on that third party's Web site, and you must read the privacy policy posted on that site to see how your personally identifiable information will be handled.
Information That We Collect from Others
We may update and supplement personally identifiable information that we have collected directly from our guests with other information that we obtain from third parties (such as Facebook) and other members of The Walt Disney Family of Companies. In addition, we may obtain personally identifiable information about individuals who are not yet users of our Web sites or guests of The Walt Disney Family of Companies. When we associate information that we obtain from third parties or other members of The Walt Disney Family of Companies with personally identifiable information that we have collected under this Privacy Policy, we will treat the acquired information like the information that we collected ourselves and, except as permitted by this Privacy Policy, the information will not be shared with third parties.
As described in detail below, The Walt Disney Family of Companies may use your personally identifiable information in many ways.
General Provisions for Sharing and Use by The Walt Disney Family of Companies
Personally identifiable information collected under this Privacy Policy may be shared among and used by The Walt Disney Family of Companies for many operational purposes that do not involve the sending of promotional materials (referred to hereinafter as "Operational Uses.") For example, we may use your information to complete transactions you requested (such as your purchase of a product or service offered on our Web sites), deliver products or services you requested (such as your subscription to one of our Facebook Applications), or send you administrative communications either about your account with us or about features of our Web sites, including any future changes to this Privacy Policy. As another example of Operational Uses, we may share your personal information with the Walt Disney World Resort telephone reservations center so that the reservations center operators are able to respond immediately to your questions or requests when you call, rather than asking you to provide your information a second time.
When you purchase or request products or services (or information about products or services) from a particular member of The Walt Disney Family of Companies, promotional materials about goods and services offered by the particular member of The Walt Disney Family of Companies, by another member of The Walt Disney Family of Companies and/or by a third party may accompany delivery of the product, service or information that you have requested. We refer to sending you promotional materials in these circumstances as "Fulfillment Uses" of your personal information.
Finally, the Walt Disney Family of Companies may take your personally identifiable information and make it non-personally identifiable, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing your information). Given the nature of this information, there are no restrictions under this Privacy Policy upon the right of The Walt Disney Family of Companies to aggregate or de-personalize your personal information, and The Walt Disney Family of Companies may use and/or share with third parties the resulting non-personally identifiable information in any way.
Companies That Facilitate Communications and Transactions with You
Sometimes The Walt Disney Family of Companies hires companies to help provide products or services, like a shipping company that delivers a package or a company that helps fulfill prizes for a sweepstakes. In those instances, there is a need to share your information with these companies. Sometimes The Walt Disney Family of Companies also works with other companies who help either gather your information or communicate with you, such as a company that helps to provide customer service. Nonetheless, except as separately permitted by other provisions of this Privacy Policy, these companies are allowed to gather, receive, and use your information only for the purposes described in this paragraph or to facilitate compliance with laws.
Companies That You Previously Authorized to Obtain Your Information
In certain circumstances, your dealings with a third party (such as Facebook) may have authorized that third party to obtain your personal information from The Walt Disney Family of Companies and to use that information in accordance with the third party's own privacy practices and policies. For example, when you subscribe to one of our Facebook Applications, you may authorize Facebook to obtain information from us to use in accordance with the Facebook privacy policy. Nonetheless, The Walt Disney Family of Companies will provide such companies only the information that you authorized (except as separately permitted under other provisions of this Privacy Policy).
Purchase or Sale of Businesses
From time to time, we may purchase a business or sell one or more of our businesses (or portions thereof) and your personally identifiable information may be transferred as a part of the purchase or sale. In the event that we purchase a business, the personally identifiable information received with that business would be treated in accordance with this Privacy Policy, if it is practicable and permissible to do so. In the event that we sell a business, we will use reasonable efforts to have the purchaser treat your personal information in the same manner required by this Privacy Policy. The provisions of this paragraph will also apply in the event that one or more businesses of any other member of The Walt Disney Family of Companies are sold and personal information subject to this Privacy Policy is transferred to a purchaser of those businesses.
Disclosures to Comply With Laws and Disclosures to Help Protect the Security and Safety of Our Web sites, The Walt Disney Family of Companies and Others
The Walt Disney Family of Companies will disclose personal information when it believes in good faith that such disclosures (a) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (b) will help to: enforce our Terms of Use; enforce contest, sweepstakes, promotions, and/or game rules; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of our Web sites, The Walt Disney Family of Companies, and/or third parties, including the safety and security of property that belongs to The Walt Disney Family of Companies or third parties.
If we collect personal information about you under this Privacy Policy through your subscription to one of our Facebook Applications, you may remove the Facebook Application from your Facebook account, and we will no longer use this personal information for that Facebook Application. Nonethelesss, we may retain your information after the Facebook Application has been removed, though we have no obligation to do so. Furthermore, even if you remove your subscription to our Facebook Application, we may still receive information about you from Facebook to use in connection with the Facebook Application subscriptions of other Facebook users (such as your Facebook "Friends"), pursuant to the Facebook privacy policy and your Facebook settings.
The security and confidentiality of your information is very important to us. We have implemented technical, administrative, and physical security measures to protect guest information from unauthorized access and improper use. From time to time, we may review our security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.
If we make material changes to this Privacy Policy that affect the way we use, and/or share personal information you have already provided to us pursuant to this Privacy Policy, we will notify you by sending you an e-mail at the last e-mail address that you provided us, and/or by prominently posting notice of the changes on the Web site covered by this Privacy Policy. Any such amendment to this Privacy Policy will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Web site(s) covered by this Privacy Policy. As our services develop and improve, we may adopt other methods of informing you of such material changes or revisions. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your information, you must so notify us at the e-mail address provided below in Q8 prior to the effective date of the changes. In the event that you do so notify us, we reserve the right to delete your registration or other personal information we have obtained pursuant to this Privacy Policy.
If you have questions or wish to send us comments about this Privacy Policy, please send an e-mail with your questions or comments to disneysupport@digisynd.com or write us:
Disney Destinations, LLC Attn: Privacy Policy - World of Color PO Box 10456 Lake Buena Vista, FL 32830
Copyright ©2010 Disney Destinations, LLC. All rights reserved.
Please be assured that any personal information that you provide in communications to the above e-mail and postal mail addresses will not be used to send you promotional materials, unless you so request.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
1. DESCRIPTION: The "World of Color Video Contest" ("Contest") is a video submission contest held in connection with Disney's "World of Color" online promotional campaign and is subject to the following rules (the "Official Rules"). The administrator of this Contest is Creative Zing Promotion Group ("Administrator"), located at 100 E. Pine Street, Suite 201, Orlando, Florida 32801. The sponsor of this Contest is Disney Destinations, LLC ("Sponsor"), located at 500 S. Buena Vista Street, Burbank, CA 91521. The Contest will proceed as follows:
2. ELIGIBILITY: The Contest is open only to legal residents of the fifty (50) United States and Washington D.C. who have reached the age of legal majority in their state of primary residence at time of entry ("Entrant"). Each Entrant must be the rightful owner (or have authorized use) of the e-mail address utilized for the Contest. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the e-mail account was opened. Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Administrator, eModeration, the moderator of the Contest Sites, (collectively, the "Contest Entities") and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies, together with the immediate family members and/or those living in the same household of such persons, are not eligible to participate in the Contest. For purposes of the Contest, "household members" shall mean those people who share the same residence at least three months a year and "immediate family members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Contest void where prohibited.
3. HOW TO ENTER: During the Submission Period, Entrants may participate by visiting http://www.worldofcolorcreator.com ("Website") or www.facebook.com/disneyland ("Social Media Site") (collectively, the "Contest Sites"). Entrant must follow the on-screen instructions to register and create a customized "World of Color" video ("Submission"). Entrant must use the video creation application ("Application") and Disney-branded assets ("Branded Assets"), both of which are available on the Contest Sites, in conjunction with personal photos or videos ("Personal Assets"). USE OF BOTH BRANDED ASSETS AND PERSONAL ASSETS MUST BE IN COMPLIANCE WITH THE SUBMISSION REQUIREMENTS AS DETAILED BELOW. Branded Assets include ONLY the music, graphics, and animated clips provided on the Contest Sites and identified for use in conjunction with this Contest. The Submission must be uploaded by July 12, 2010 at 11:59 pm PT. There is no limit to the number of Submissions that an Entrant may submit. However, each Entrant is only eligible to win one of the Prizes regardless of how many Submissions he or she submits. Entrants must provide all information requested to be eligible to win. A Submission will not be entered into the Contest until Entrant has provided the requested information, uploaded the Submission and affirmatively accepted these Official Rules.
4. SUBMISSION REQUIREMENTS
a. The Submissions must meet the following guidelines:
(i) Submissions must be a minimum of 30 seconds and a maximum of two (2) minutes in duration
(ii) Submissions must use the Branded Assets, as provided on the Contest Sites
(iii) Only music made available as Branded Assets on the Contest Sites may be included in a Submission. No other music will be permitted, including, but not limited to, personal compositions and/or public domain music.
b. The Submissions must not violate the following content restrictions:
(i) Submissions must not contain material that (1) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (2) is bigoted, hateful, or racially or otherwise offensive; (3) discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age); (4) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (5) otherwise embarrasses harms or can reasonably be expected to embarrass or harm any person or entity; (6) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including material that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (7) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); or (8) promotes, depicts or suggests alcohol, illegal drugs, tobacco, firearms or weapons (or the use of any of the foregoing), or any activities that may be construed as unsafe or dangerous, or promotes any particular political agenda or message.
(ii) In general, Submissions must not contain material that infringes or violates any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy or publicity; or (3) any confidentiality obligation;
Famous or Recognizable Examples: As a general rule, photos or videos of anyone or anything famous or recognizable, may not be included in a Submission. For example:
Entrants who provide Submissions, which violate any of these requirements, may be deemed ineligible to receive the prizes and their Submission may be void at the Contest Entities' sole discretion. Contest Entities reserve the right to disqualify in their sole and absolute discretion any Submissions deemed inappropriate or that do not comply with the Contest Sites' Terms of Use. Contest Entities reserve the right to allow for minor fluctuations between the Entrant's timing device and the actual runtime of the Submission, based on clear intent to comply with the Official Rules, as determined in the sole discretion of the Administrator or Sponsor. Incomplete or unintelligible entries will be disqualified. The Administrator and Sponsor reserve the right to determine in their sole discretion which Entries have satisfied these Official Rules. SUBMISSIONS MUST BE SUBMITTED IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. There will be no notification of receipt of Contest-related materials. Assurance of delivery of Submissions will be the sole responsibility of the Entrant.
The following terms apply to use of the Application and Branded Assets. Entrants must follow the directions that appear in connection with the Application. The Administrator and Sponsor are not responsible for any loss of data or damage to Entrant's software or hardware or other loss or damage caused by failure to follow the directions. By entering the Contest, each Entrant acknowledges and agrees that: (a) Sponsor is granting each Entrant a limited, non-exclusive license to use the Application and Branded Assets solely in connection with, and as a part of, the Contest, (b) Entrants will acquire no right, title or interest in the Application and/or Branded Assets, and (c) any use of the Application and/or Branded Assets other than as permitted by these Official Rules may constitute copyright infringement. The Branded Assets and Application may not be modified, published, performed or transferred to anyone else (unless otherwise stated on the Contest Sites), posted to any third-party websites, or used for any commercial purpose. Except to the extent permitted by applicable law, Entrant must not disassemble, de-compile, reverse engineer or otherwise break or attempt to break the encryption protecting the Branded Assets and/or Application. No warranty is given about the quality, functionality, availability or performance of the Branded Assets or the Application. Contest Entities reserve the right to modify or withdraw any or all of the Branded Assets at any time. To the fullest extent permitted by law, the Contest Entities disclaim all liability for any loss of data, damage caused to an Entrant's software or hardware, and any other loss or damage suffered by an Entrant or any third party, whether direct, indirect, incidental or consequential and however arising, as a result of using the Application, or utilizing the Branded Assets. Access to and use of the Branded Assets and/or the Application may be restricted by other specific terms and conditions that appear on the site.
4. DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Contest, the Administrator and Sponsor reserve the right, in addition to those other rights reserved herein, to modify any dates or deadlines set forth in these Official Rules or otherwise governing the Contest. The Administrator and Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
5. MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant hereby grants to the Contest Entities, and each of their licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, irrevocable, fully paid, universal right and license to use, license, incorporate, broadcast, telecast, webcast, distribute, re-use, publish, re-publish, edit, composite, morph, scan, duplicate, or alter and otherwise exploit such Submission (and to permit others to do the same), or any portion thereof, including to the extent applicable (a) any information, biographical data, and material submitted by Entrant in connection with the Contest; and (b) all graphics, statements, quotations and any other creative materials of or by Entrant and furnished by Entrant as part of this Contest (the "Contest Materials"), in any media now known or hereafter devised, including, but not limited to, all forms of electronic media, print media and all forms of internet and wireless protocol. Each Entrant understands that his or her name and other Contest Materials may be posted on the Contest Sites in connection with the Contest. Entrant agrees that the Sponsor has no obligation to post a Submission or any Contest Materials on the Contest Sites. Each Entrant authorizes the Sponsor to utilize, or allow others to utilize, in perpetuity and in any manner they see fit, the Submission provided to Sponsor, and to make derivative works from such Submissions for any purpose whatsoever including without limitation, to create promotional materials. Each Entrant releases the Contest Entities, and their successors, assigns 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 agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant's decision to provide the Submission for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant's Submission, and that the only contracts, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules and the release forms. In addition, by participating in the Contest and providing a Submission, each Entrant hereby grants permission (except where prohibited by law) for the Contest Entities to use Entrant's Submission, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe. Except as required by law or permitted pursuant to these Contest Official Rules, the Sponsor will not share an Entrant's information with any third parties.
6. CONTEST JUDGING: Submissions will be judged by a panel of judges selected by Sponsor ("Judging Panel") to determine the ten (10) Finalists. Submissions will be scored on four (4) criteria. Submissions will be scored based on the following criteria:
1. Creativity: 25% 2. Use of Branded Assets: 25% 3. Use of Personal Assets: 25% 4. Relevance to the "World of Color" theme: 25%
7. FINALIST NOTIFICATION: The top ten (10) Finalists, as determined by the Judging Panel, will be notified by telephone and/or email on or about July 17, 2010 and will be required to respond (as directed) to the notification within 72 hours (or a shorter time if required by exigencies). The failure to respond timely to the notification may result in forfeiture of participation in the Contest and, in such case; the Administrator and Sponsor may select an alternate Finalist according to the Judging Panel results. Potential Finalists will be required to execute and return an affidavit of eligibility, a liability release and, unless prohibited by law, a publicity release and other related documents required by the Administrator (the "Finalist Documents") within a reasonable amount of time, as determined by the Administrator in its sole discretion. Potential Finalists can NOT proceed to the Voting Period until all such properly executed Finalist Documents are returned. Once the Finalist Documents have been received by the Contest Entities in accordance with these Official Contest Rules, the ten (10) Finalists will have their Submission posted on the Contest Sites for the Voting Period, described below in Section 8.
8. VOTING PERIOD: The ten (10) Finalists will be ranked by visitors to the Contest Sites according to their judgment and interpretation of the creative content. Submissions will be evaluated solely on the subjective opinions of the visitors who choose to participate in the voting process. The Submission which receives the highest number of votes during the Voting Period (when combining the votes entered on both of the Content Sites) will be declared the Grand Prize winner, pending return of any necessary prize release forms. First and Second prizes will be awarded in sequential order based on the highest number of received votes. In the event of a tie, the Administrator and Sponsor will host a 24-hour "Final Voting Round" between tied Submissions in accordance with the aforementioned voting criteria. In the event of such a tie, additional details regarding the Final Voting Round will be made available on the Contest Sites. All decisions of the Administrator and Sponsor are final on all aspects of the Contest. There is a limit of one (1) vote per account for the duration of the Voting Period and any required Final Voting Round.
9. PRIZES: Following are the "Prizes" for the Contest:
All prize details are at the sole discretion of the Sponsor. Prize winners cannot assign or transfer the prize to another person. No prize substitution or cash alternative is allowed except at the sole discretion of Sponsor, who reserves the right to substitute a prize (or any portion thereof) of comparable or greater value, in its sole discretion. The value of the prize represents Sponsor's good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. If a prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Sponsor's sole discretion. Each Entrant is eligible to win only one of the Prizes. Other restrictions may apply.
Actual value of Grand Prize Package will depend on point of departure, any airfare fluctuations and seasonal pricing; any difference will not be awarded. GRAND PRIZE PACKAGE WINNER AND GUESTS MUST COMPLETE THE TRIP BY DECEMBER 31, 2010 OR THE PRIZE WILL BE FORFEITED AND NO ADDITIONAL COMPENSATION WILL BE AWARDED. Winners will be responsible for all taxes (federal, state, local and/or income). Grand Prize Package Winner and Guests must travel together on same itinerary for the trip. If a Guest is a resident of a jurisdiction that deems him/her to be a minor, he/she must be accompanied by his/her parent/legal guardian, and such person must arrange and pay for his/her travel and accommodations unless determined to be the Grand Prize Package winner or an allotted Guest. The airline to be used for the Grand Prize Package will be selected by Sponsor in its sole discretion. The airline carrier's regulations and conditions will also apply. The trip is subject to air travel/hotel availability, holiday and blockout dates, and other restrictions/conditions. Travel for the Grand Prize Package must be booked at least 45 days prior to the date of arrival. Theme park attractions and entertainment are seasonal and subject to change without notice. The Disney Gift Card can be used at select participating locations at Walt Disney World® Resort, Disneyland® Resort, Disney Cruise Line®, Disney Store locations in the U.S., DisneyStore.com, DisneyPhotoPass.com, Disney Vacation Club®, and Adventures by Disney. It is not redeemable for cash, will not be replaced if lost or stolen without required proof of purchase, and it is subject to the terms and conditions of the Disney Gift Card Program. The Disney Gift Card cannot be used towards the purchase of a real estate interest in a Disney Vacation Club® Resort. The Disney Gift Card is issued by Disney Gift Card Services, Inc. Gift cards may not be used towards the purchase of Disney Dollars or Disney Gift Cards. Other restrictions apply. Use of gift card is acceptance of its terms and conditions. Visit DisneyGiftCard.com for complete terms and conditions and for more information about the Disney Gift Card program. Once Grand Prize Package dates have been booked, no change, extension or substitution of trip dates is permitted, except at Sponsor's sole discretion. If Grand Prize Package Winner elects to travel with fewer than three (3) Guests, no additional compensation will be awarded. Sponsor will not replace any lost or stolen tickets or travel vouchers. Grand Prize Package Winner is solely responsible for all unspecified incidentals, including, but not limited to, transportation to/from the Resort, hotel room service and other meals, beverages, gratuities, phone calls, insurance, taxes, and any other expenses not specifically mentioned as being included. No substitution, transfer or cash equivalent for a prize (or prize component), except that Sponsor, at its sole discretion, may substitute a prize (or prize component) with one of equal value due to prize unavailability. Any depictions of prizes are for illustrative purposes only.
10. POTENTIAL WINNER NOTIFICATION: Potential winners will be determined based on the aforementioned Voting Period (and any required Final Voting Round) results. The potential winners ("Potential Winners") will be contacted via phone, email or overnight mail. Potential Winners will be required to respond as directed by the Contest Entities to the notification. The failure to respond timely, to the notification may result in forfeiture of the prize and, in such case, Contest Entities may declare an alternate Potential Winner, based on voting results. Potential Winner(s) will be required to return a Prize Claim Form. Prizes will not be awarded until all such properly executed forms are returned. If a prize is worth $600 or more, the Winner of such prize must provide Contest Entities with a valid social security number for tax reporting purposes before the Prize will be awarded. An IRS Form 1099 will be issued in the name of the Winner for the actual value of the Prize received. The IRS Form 1099 will be issued for the year in which the prize was fulfilled.
11. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant acknowledges that any claim by Entrant relating to or arising out of a Contest Entities' actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any other production based on or allegedly based on the Submission, and the Entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
12. RIGHTS OF CONTEST ENTITIES/ DISCLAIMER OF LIABILITY: The Administrator and Sponsors shall have the right and sole discretion to edit, to refuse to post, or cease to post any Submission whatsoever which it finds to be in violation of the Official Rules, does not fully comply with all requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. The Sponsors also reserve the right to replace the winning Submission with the Submission of an alternate eligible Entrant in accordance with these Official Rules if such Submission and/or Entrant is withdrawn from or removed from the Contest for any reason, including without limitation, Entrant's failure to have documents executed as directed by the Contest Entities. Sponsor also reserves the right, in its sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to terminate the Contest for any reason in the event that there is an error, problem or cause which impacts the operation, administration or security of the Contest or the Sponsor and, in such situation, to select the winners from the eligible Submissions received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor in its sole discretion. The Contest Entities are not responsible for any Materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the creation of any Submission. The Contest Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Contest Entities are not responsible for the content or practices of third party Web sites that may be linked to the Contest website. This site may also be linked to Web sites operated by companies affiliated with Contest Entities. Visitors to those sites should refer to each site's separate privacy policies and practices.
13. WARRANTY: It is an express condition of participation in the Contest that each Entrant represents and warrants that Entrant's Personal Assets and Submission are solely owned by Entrant, excluding the Branded Assets. Entrant further represents and warrants that the Submission and any use thereof by the Sponsor in accordance with the Official Rules and in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law copyright and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party.
14. INDEMNITY: The Contest may also be promoted by a third party or parties (each a "Promotional Partner," and collectively "Promotional Partners"). Entrant shall indemnify, defend and hold harmless the Contest Entities, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, agents and representatives (collectively, the "Released Parties") from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys' fees, arising out of or in connection with any third party action arising out of or resulting from (i) Entrant's participation in the Contest, (ii) a breach or allegation which if true would constitute a breach of any of Entrant's representations, warranties or obligations herein, and/or (iii) acceptance, possession, use or misuse of any grant or prize, including, without limitation, personal injury, death and property damage arising there from.
15. GENERAL TERMS AND CONDITIONS: By participating, each Entrant agrees that the Contest Entities and each of their respective agents, representatives, parent companies, affiliates, subsidiaries and legal advisors, and each of their respective employees, shareholders, officers, and directors are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Contest Entities that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, use or misuse of any prize, including, without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. By participating in the Contest, Entrants agree: (i) to be bound by these complete Official Rules and the decisions of the Contest Entities which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Contest or these Official Rules. By participating in the Contest and/or the receipt of any prize, entrants agree to release, indemnify, defend and hold the Released Parties harmless and from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest, or receipt or use or misuse of any prize.
The Contest Entities reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of the Contest Entities. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to termination. The Contest Entities reserve the right, at their sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of these Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. The Contest Entities may suspend or discontinue the Contest if, in their sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest. CONTEST ENTITIES SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY U.S. DOLLARS (US$250.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO THE ENTRANTS.
16. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Entrants and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. In the event of a claim or dispute, Entrants' sole remedy shall be limited to their remedy at law for damages, if any, and Entrants shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Contest Sites, the Contest, and/or any intellectual property owned or licensed by the Contest Entities or their respective parent companies and affiliated entities.
17. PRIVACY POLICY: Any personal information supplied by Entrant in connection with the Contest will be subject to Sponsor's privacy policy posted at www.worldofcolorcreator.com\privacy, which may be modified from time to time. By entering the Contest, Entrant grants Sponsor permission to share Entrant's email address and any other personally identifiable information with the corresponding Contest Entities solely for the purpose of contest administration, judging and prize fulfillment. Sponsor will not sell, rent, transfer or otherwise disclose any Entrant's personal data to any third party other than the corresponding Contest Entities as described above herein unless allowed pursuant to the privacy policy.
18. WINNERS/OFFICIAL RULES: To obtain a copy of the Winner's List or a copy of these Official Rules, a request must be sent, along with a stamped, self-addressed envelope to "World of Color" Winners/Rules, 100 E. Pine Street, Suite 201, Orlando, Florida 32801. Requests for the names of the winners must be received no later than September 1, 2010. Vermont residents may omit return postage.