NIGHT OF JOY GETAWAY SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.
OPEN ONLY TO LEGAL RESIDENTS OF 50 UNITED STATES/DISTRICT OF COLUMBIA, 18 YEARS OR OLDER AS OF DATE OF ENTRY.
1. SPONSOR: Disney Destinations, LLC ("Sponsor"), PO Box 10000, Lake Buena Vista, FL 32830.
2. ADMINISTRATOR: PrizeLogic LLC ("Administrator"), 25200 Telegraph Road, Suite 405, Southfield, MI 48033, the independent agency administering the Night of Joy Getaway Sweepstakes (the "Sweepstakes").
3. ELIGIBILITY: Open only to legal residents of the 50 United States and District of Columbia, 18 years or older as of date of entry. Officers, directors, and employees (and members of their household or immediate family, i.e., parents, children, spouse, siblings, grandparents, the "steps" of each and persons residing in such immediate family members' household) of Sponsor, Administrator, their respective parent, related, affiliated and subsidiary companies, their advertising, promotion and web design agencies, all other entities involved in the creation, administration, or fulfillment of the Sweepstakes and their respective successors and assigns are not eligible to enter or win.
4. HOW TO ENTER: During the period beginning at 12:01 A.M. ET on 5/17/10 and ending at 11:59 P.M. ET on 7/31/10 (the "Entry Period"), you may enter the Sweepstakes by going to www.nightofjoygetaway.com (the "Website") and registering by completing all of the requested information, including your name, complete address, (No P.O. Boxes allowed), phone number, valid email address ("Address") and date of birth (individually, an "Entry" and, collectively, "Entries"). Each day thereafter during the Entry Period that you visit the Website you will automatically receive one (1) additional Entry into the Sweepstakes. Only one Entry per person/Address per day (regardless of whether one person has more than one Address or more than one person uses the same Address). It is solely your responsibility to notify Sponsor in writing if you change your Address and/or street address.
5. RANDOM DRAWING & ODDS OF WINNING: On or about 8/4/10, a random drawing will be held to select the names of the two (2) potential winners from among the total number of eligible Entries received during the Entry Period. The drawing will be conducted by Administrator, and its decisions will be final in all matters pertaining to the random drawing. The odds of winning depend upon the total number of eligible Entries received during the Entry Period.
6. PRIZES: TWO (2) Grand Prizes: Each winner will receive an Ultimate Night of Joy Experience, a four (4) day/ three (3) night trip between 9/8/10 and 9/12/10 (the "Fulfillment Period") for winner and three (3) guests to the Walt Disney World® Resort in Florida (the "Trip"), consisting of the following elements: [a] Sponsor-selected hotel accommodations for three (3) nights (one standard room quad occupancy); [b] four (4) 3-Day Magic Your Way Tickets with Park Hopper® Option; [c] four (4) tickets to the Night of Joy event; [d] one (1) Disney Gift Card with a value of $100; and [e] if winner resides more than two hundred fifty (250) miles from the Walt Disney World® Resort, round-trip coach air transportation on a Sponsor-selected carrier between a Sponsor-selected major gateway airport in the United States near winner's residence and Orlando International Airport and round-trip ground transfers between the Orlando International Airport and the Walt Disney World® Resort. All expenses not specifically mentioned above are not included and are solely the winner's responsibility including, but not limited to: transportation to the Walt Disney World® Resort if a winner resides two hundred fifty (250) miles or less from the Walt Disney World® Resort, round trip transportation between the winner's residence and the departure airport, alcoholic and non-alcoholic beverages, food, gratuities and tips, incidental and personal expenses, insurance, laundry service, merchandise, mini-bar, parking, room service, service charges, souvenirs, telephone calls and all other expenses incidental to the acceptance, participation in and enjoyment of the Trip. Travel and lodging are subject to availability and restrictions and reservations and accommodations will be as arranged by Sponsor. The Trip must be taken during the Fulfillment Period or the prize will be forfeited in its entirety. Approximate Retail Value ("ARV"): $4,850, which will vary depending upon point of departure and fluctuation of hotel rates and airfares. Total ARV of both prizes: $9,700. Limit one prize per person/family/household/Address. If the actual value of the prize is less than the stated ARV, the difference will not be awarded. Prizes are not redeemable for cash or transferable, except to a surviving spouse residing in the same household. No substitution allowed except, at Sponsor's sole discretion, a prize of equal or greater value may be substituted. The prize cannot be used in conjunction with any other promotion or offer. Prize elements may not be separated. Both prizes will be awarded provided they are validly claimed by September 1, 2010, after which no alternate winners will be selected, nor unclaimed prizes awarded.
7. WINNERS: Potential winners will be notified by email, U.S. Mail and/or courier on or about August 6, 2010. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [a] potential winner's failure to respond to notification within the specified response period; [b] the return of an e-mail notification as undeliverable after three (3) attempts; [c] the return of any other notice as undeliverable; [d] potential winner's failure to provide Administrator with satisfactory proof of age, identity and residency; [e] potential winner's failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release (including, without limitation, the Social Security Number) within the specified return period; [f] potential winner's failure to be available to make the Trip; [g] potential winner's failure to validly claim a prize by September 1, 2010; [h] potential winner's guests' failure to execute and return a Liability/Publicity Release by the specified return date; or [i] any other non-compliance with the Official Rules ("Rules"). In the event of a prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner. Guests may not be minors in their respective state of residence unless winner is their parent/legal guardian or spouse; a minor guest's parent/legal guardian is accompanying him/her as another of winner's travel companions; or a minor's parent/legal guardian has signed and returned a notarized Sponsor's Liability/Publicity Release, as allowed by state law, within the specified return period, consenting to his/her minor's participation in the Trip. Winners and guests are solely responsible for obtaining any and all necessary travel documents (valid photo I.D., etc.) before departure and must travel together on same itinerary. All taxes are solely the responsibility of each winner, who will receive an IRS Form 1099 reflecting the final actual value of his/her prize. In the event of a dispute as to the identity of a winner based on an Address, the winning Entry will be declared made by the authorized account holder of the Address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an Address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted Address.
8. INTERNET/LIMITATIONS OF LIABILITY: Sponsor, Administrator, their respective parent, related, affiliated and subsidiary companies, their advertising, promotion and web design agencies, all other entities involved in the creation, administration, or fulfillment of the Sweepstakes and their respective successors, assigns, directors, officers, employees, agents and independent contractors (all of the former collectively referred to as "Sponsor & Others") are not responsible for interrupted or unavailable network server or other connections; for miscommunications; failed telephone or computer transmissions; for jumbled, scrambled or misdirected Entries or transmissions; for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties; for other errors, omissions, interruptions, or deletions of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; or for any damage to any person's computer related to participating in the Sweepstakes. Additionally, Sponsor & Others are not responsible for illegible, unintelligible, late, lost or stolen Entries; for incorrect or inaccurate Entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes; or for any technical or human errors which may occur in the processing of any Entries in the Sweepstakes. Persons found tampering with or abusing any aspect of the Sweepstakes, as solely determined by Administrator, will be disqualified and may be subject to prosecution. Any person attempting to enter using multiple Addresses, multiple identities or any other device or artifice to enter multiple times or to interfere with the proper play of the Sweepstakes will be disqualified from participation in the Sweepstakes. Additionally, any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Administrator reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting with the intent to disrupt the normal operation of the Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF the SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If in the judgment of Administrator, the Sweepstakes is compromised by viruses, bugs, non-authorized human intervention or other causes which corrupt, or may corrupt the administration, security, fairness or intended proper play of the Sweepstakes, Administrator has the right, in its sole discretion, to modify, discontinue, suspend or terminate the Sweepstakes and proceed to select potential winners in a manner it deems fair and reasonable including, without limitation, the selection of potential winners in a random drawing from among Entries received prior to any such modification, discontinuation, suspension or termination. SPONSOR & OTHERS MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS REGARDS THE GRAND PRIZE OR ANY COMPONENT OF THE GRAND PRIZE. AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. CHECK YOUR LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY APPLY TO YOU.
9. PRIVACY POLICY: Any personally identifiable information collected during an entrant's participation in the Sweepstakes will be collected by Sponsor and used by Sponsor in accordance with Sponsor's Privacy Policy as such is stated at http://www.NightofJoyGetaway.com/privacy.html .
10. PUBLICITY RIGHTS: By accepting a Grand Prize, each winner agrees to allow Sponsor and/or Sponsor's designees the perpetual right to use his/her name, biographical information, photos and/or likeness, and statements for programming, promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
11. GOVERNING LAW: Except where prohibited, by participating in the Sweepstakes, participants agree that: (a) except as otherwise specifically set forth in these Rules, any action arising out of or relating to these Rules or the rights and obligations of any participant and/or Sponsor shall be filed exclusively in the U.S. District Court for the Middle District of Florida (or if the District Court shall not have jurisdiction over the subject matter thereof, then to the Circuit Court of the 9th Judicial Circuit in and for Orange County, Florida) and participants hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action, and any right to a trial by jury is hereby waived; (b) any and all disputes, claims, and causes of action arising out of or connected with these Rules, and/or the rights and obligations of any participant and/or Sponsor shall be resolved individually, without resort to any form of class action; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event will participants be entitled to receive attorneys' fees or other legal costs; (d) under no circumstances will participants be permitted to obtain injunctive or other equitable relief and a participant's sole remedy will be an action at law for damages to the extent allowed by sub-paragraphs (c) and (e) of this Rule 11; and (e) under no circumstances will participants be permitted, and participants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of pocket costs described in (c) above; and (ii) have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of any participant and/or Sponsor shall be governed by and construed in accordance with the laws of the State of Florida without giving effect or regard to any principles or doctrines of conflicts of law of the State of Florida or any other jurisdiction. If any provision or provisions of these Rules shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
12. RELEASE: By participating, each participant releases and agrees to indemnify and hold harmless Sponsor & Others from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Sweepstakes, or arising out of participation in any Sweepstakes-related activity or travel-related activity, or the receipt, use or misuse, of any Trip, travel or activity-related thereto whether hosted by Sponsor or a third party.Each winner acknowledges that he/she is solely responsible for any actions, claims or liabilities of his/her guests related to any Sweepstakes activity including, without limitation, any actions, claims or liabilities related to the guest's participation in a Trip.
13. GENERAL: By entering the Sweepstakes, participants agree to abide by these Rules. In no event will more Trips be awarded than are stated in these Rules. The Sweepstakes is subject to all applicable federal, state and local laws. Void outside of the 50 United States/District of Columbia and where prohibited or restricted by law.
14. winnerS list: To obtain the names of the winners, send a properly stamped self-addressed envelope, by 8/31/09, to Night of Joy Getaway Sweepstakes Winners List, P.O. Box 251328, West Bloomfield, MI 48325.
© 2010 Disney Destinations, LLC
The Night of Joy Getaway Sweepstakes Official Rules may not be reproduced or reprinted in part or in their entirety without the express prior written permission of Disney Destinations, LLC