NBC 11 VACATION TO THE DISNEYLAND® RESORT CONTEST
Official Rules
November 28, 2008—December 28, 2008
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. Void outside the KNTV terrestrial geographic viewing area and where prohibited. NBC vacation to the Disneyland® Resort Contest (“Contest”) will begin on November 28, 2008 at 6:00 A.M. PT and end on December 28, 2008, at 5:00 P.M. PT (“Contest Period”). All times in the Contest rules refer to Pacific Time.
TO ENTER: To enter, upload and email a holiday-themed photo (“Photo”) from your cell phone or computer to iSee@nbcbayarea.com. Photo will constitute your entry into the Contest (“Entry”). All entries become the property of KNTV and NBC Universal, Inc. (collectively, “Sponsors”), and will not be acknowledged or returned. Photo must be in JPEG format and must not have been taken in a studio or by a professional photographer. Other than minor changes to lighting and coloring, Photo must not have been altered or edited in any manner that distorts the original photograph. You must have the permission of all persons appearing in your Photo for you to submit your Photo. By entering the Contest, entrant grants Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Photo and to incorporate it in other works in any and all markets and media now or hereafter known throughout the world in perpetuity. Entrant warrants that he/she has the sole and exclusive right to grant such rights to Sponsors, and that Sponsors’ reproduction, publishing, displaying, and/or other use of the Photo will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Any Photo containing material that is violent, pornographic, or otherwise obscene, illegal, inappropriate, or racially or morally offensive, or does not meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, may be rejected as ineligible for consideration. Entries must comply with all laws, rules, and regulations. Entrant also warrants that he/she has obtained written permission when photographing on private property not owned or controlled by entrant, where such permission is required. Upon request, entrant must provide Sponsors with signed releases from all persons appearing in the Photo and permission from the owners of any private property where the Photo was taken. All persons appearing in the Photo must be eighteen (18) years of age or older and the age of majority in his/her state of residence at the time the Photo was taken. However, persons under 18 may appear in the photo provided the entrant is the parent or legal guardian of such persons. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Photo.
Entries must be received before December 28, 2008, at 5:00 P.M. to be eligible for the Contest. You may enter only once during the Contest Period, regardless of the method of entry. Multiple Entries received from any person, cell phone number, or email address beyond this limit will void all such additional entries. If two (2) or more entries are received with the same photo, the first valid Entry received by Sponsors, as determined by Sponsors in their sole discretion, shall be considered as a valid Entry and any additional Entries using the same Photo will be disqualified. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant who made a potentially winning entry, Sponsors reserve the right, in their sole discretion, to deem that the entry was made by the registered subscriber of the email address or cell phone number used to submit the entry. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification, permission, or approval.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are located and residing in the KNTV terrestrial geographic viewing area in the counties of Santa Clara, Alameda, Contra Costa, San Francisco, San Mateo, Sonoma, Marin, Solano, Napa, Mendocino, and Lake in the state of California and who are eighteen (18) years of age or older and the age of majority in their state of residence as of November 28, 2008. Officers, directors, and employees of Sponsors, Isee Corporation, and Disney Destinations, LLC, and their respective parent, subsidiary, and affiliate companies and administrative, advertising, and promotion agencies (collectively, “Contest Entities”); members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses); and/or persons living in the same households as these persons (whether related or not) are not eligible to enter or win the Contest.
WINNER SELECTION AND NOTIFICATION: One (1) winner (“ Winner”) will be selected from the valid Entries by a panel of qualified judges designated by Sponsors on or about January 23, 2009. Photos will be judged based on the following judging criteria: 1) creativity (50%), and 2) use of holiday theme (50%). Sponsors reserve the right, in their sole discretion, to terminate the Contest or extend the Contest Period, if, in Sponsors’ sole discretion, an insufficient number of eligible, complete, tasteful, or appropriate Entries are received. Sponsors will make two (2) attempts to notify Winner at the cell phone number or email address used to submit his/her Entry. Winner will be required to return a completed, signed, and notarized affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within five (5) days of such notification. Noncompliance within this time period will result in disqualification, and the Prize (as defined below) may be awarded to the runner-up based on the judging criteria listed above. If Winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, Winner will be disqualified and the Prize (as defined below) may be awarded to the runner-up based on the judging criteria listed above.
PRIZE: There will be one (1) prize awarded (Prize”), consisting of the following: a vacation package to the Disneyland® Resort in Anaheim, California, for Winner and three (3) of his/her guests (“Guests”). Prize includes: accommodations for four (4) people for two (2) nights (one (1) standard room/quadruple occupancy) at a Disneyland® Resort Hotel (as determined by Disney in their sole discretion); round-trip, coach-class airfare on Southwest Airlines from a Northern California airport (“NCA”) serviced by Southwest Airlines nearest Winner’s residence (as determined by Disney in their sole discretion) to a Southern California airport (“SCA”) serviced by Southwest Airlines (as determined by Disney in their sole discretion); round-trip ground transportation between SCA and the Disneyland® Resort; and four (4) three-day Disneyland® Resort Park Hopper® Tickets, good for admission to Disneyland® park and Disney’s California Adventure™ park . Prize is subject to additional terms, conditions, and restrictions, as determined by Disney Destinations, LLC, in its sole discretion. Disney, its parent, subsidiary, related and affiliated companies and their respective officers, directors employees and agents shall be released and discharged from any and all legal claims, losses injuries, demands, damages, actions, and /or causes of actions which arise out of and/or in any way related to the prize, the receipt, use and/or enjoyment of the prize and/or the Promotion.
Estimated Retail Value (“ERV”) of Prize is two thousand one hundred ninety-six dollars ($2,196). Sponsors will furnish an IRS 1099 form to Winner for the ERV of Prize for the tax year in which Prize was won. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value at their sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed, it will be forfeited, and Prize may be awarded to the runner-up based on the judging criteria listed above at Sponsors’ sole discretion. If a Prize element is not available for any reason, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Prize obligation to Winner, and no additional compensation will be awarded. Travel must be completed by September 15, 2009, or such other date as determined by Disney, and is subject to hotel and flight availability. Certain blackout periods and travel restrictions may apply. Travel and hotel arrangements will be determined by Disney in their sole discretion. Sponsors reserve the right to provide ground transportation in lieu of air transportation at Sponsors’ sole discretion. Trip must be taken on dates and times designated by Disney or Prize will be forfeited and Prize may be awarded to the runner-up based on the judging criteria listed above at Sponsors’ sole discretion. Once determined, no change, extension or substitution of trip date is permitted, except by Disney in their sole discretion. Winner and Guests, if any, must travel together on same itinerary. Prize consists only of the elements set forth above. No other trip or travel elements (including, without limitation, travel insurance, hotel room service, parking fees, laundry service, food, beverages, merchandise, souvenirs, local and long distance telephone calls, tips, gratuities, service charges, , or taxes) are included in Prize. All taxes and fees assessed at the time of ticketing are the responsibility of Winner. Tickets are non-refundable. Reservations are subject to availability. Tickets are not valid for business-related or group travel. Tickets are valid only for travel on Southwest Airlines. A Saturday night stay-over may be required. Tickets will be issued only to Winner and Guests. Tickets are void if sold for cash or other consideration. Winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Travel arrangements must be made through Walt Disney Travel Company – Promotions Desk. Winner and Guests must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Failure to do so will result in forfeiture of Prize. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. Travel may not be combined with any other offer. All travel will be at the risk of Winner and Guests. All elements of Prize must be redeemed at the same time. In the event of an act of God or an unforeseen or uncontrollable event, Sponsors reserve the right to reschedule all travel for a later date. If Winner chooses to take the trip and/or attend any of the events with fewer than three (3) or no Guests, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. Guests, if any, will be required to return completed, signed, and notarized releases of liability and, except where prohibited, publicity releases, which must be returned with the Contest Documents, or Prize will be forfeited and Prize may be awarded to the runner-up based on the judging criteria listed above at Sponsors’ sole discretion. If any Guest is a minor, Winner or one of the other Guests must be such minor’s parent or legal guardian.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest s Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as the Winner, to the posting of such entrant’s name on www.nbcbayarea.com and the use by Released Parties of such name, voice, image, and/or likeness in any and all media now or hereafter known throughout the world in perpetuity for publicity, promotional, and advertising purposes without additional compensation, notification, or permission, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the Contest itself, and to be bound by all decisions of the Sponsors and judges, whose decisions are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to terminate the Contest or permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. Sponsors reserve the right in their sole discretion to cancel or modify the Contest should any computer virus, malfunction, or other cause beyond their control corrupt the administration, security, or proper operation thereof. In the event of cancellation, Prize will be awarded from among all eligible, non-suspect entries received prior to the event requiring cancellation based on the judging criteria listed above. Notice of cancellation will be posted at www.nbcbayarea.com.
The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other force majeure event will not be considered a breach of these Official Rules.
Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.
DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the Winner, available after February 9, 2009, visit www.nbcbayarea.com, or send a self-addressed, stamped envelope to be received by March 4, 2009, to: NBC 11 Vacation to the Disneyland® Resort Contest, c/o NBC11, 2450 North First Street, San Jose, CA 95131.
NO PURCHASE NECESSARY. Void where prohibited. Only open to permanent, legal U.S. residents located in the KNTV viewing area who are 18 or older and the age of majority in their state of residence. Contest runs from 6:00 A.M. on 11/28/08 to 5:00 P.M. on 12/28/08. Prize restrictions apply. For full Contest rules and prize details, go to www.nbcbayarea.com.
