D-23 MOBILE SWEEPSTAKES
OFFICIAL RULES
AUG 6 – AUG 21, 2009
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN, NOR WILL A
PURCHASE IMPROVE ONE'S CHANCES OF WINNING
1. SPONSOR: Disney Online, 500 South Buena Vista St., Burbank, CA 91521, is solely responsible for all aspects of this sweepstakes ("Sweepstakes").
2. ELIGIBILITY: Open only to persons who are legal residents of, and physically located within, the 50 states or D.C. (collectively, "Territory") who are 13 or older upon entry. Entrants under 18 should get their parent's permission before entering. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Sponsor, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes or supplying the prize, and their respective parent, subsidiary, affiliated and successor companies; (individually and collectively, "Entities"), members of their households and immediate families and any person who, within the past six months, has been awarded a Grand Prize in any sweepstakes conducted by Sponsor, are all ineligible to enter or play. "Household members" shall mean people who share the same residence at least three months a year. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses.
3. ENTRY: You may enter this Sweepstakes during the period beginning at 12:01 A.M., August 6, 2009 and ending at 11:59:59 P.M., August 21, 2009 ("Entry Period"), by sending on your cell phone ("Cell") the keyword "D23" as an SMS text message to the SMS shortcode 347639 (DISNEY) ("Entry"). Standard carrier-messaging charges may apply to each text message sent and received. Entrants will receive a confirmation SMS text message on their Cell. All entrants must have a text messaging two-way capable phone and digital and SMS service in order to enter the Sweepstakes. Text messaging may not be available in all areas. For purposes of these Official Rules ("Rules"), all times are Pacific Daylight Time and "Day" shall mean each calendar day during the Entry Period.
4. LIMITATIONS: All Entries must be received by 11:59:59 P.M., August 21, 2009. Regardless of whether one person has more than one Cell or more than one person use the same Cell, only one (1) Entry per person/Cell per Day is permitted (a maximum of eight (8) per entrant during the Entry Period). In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Cell is registered. Entries by any method other than set forth above in Section 3 are void. Any use of automated or programmed methods of effecting Entry is prohibited. Neither the Entities, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, "Releasees") are responsible for Entries from persons residing, or physically located, outside the Territory; Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misdirected, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; failed, partial or garbled text messages; technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software; any error, omission, interruption, deletion, defect, delay in operation or transmission; communications line failure; any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, providers, computer equipment, or software; failure of any Entry to be received on account of technical problems; miscommunications; unauthorized human intervention; traffic congestion; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified and any attempt by a person to use multiple Cells to register more than once may result in disqualification at Sponsor's sole discretion. Void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations.
5. PRIZE: ONE (1) GRAND PRIZE: A four (4) day / three (3) night trip for winner and three (3) guests (collectively, "group") to Anaheim, California ("City"), arriving September 10, departing September 13, 2009 ("Trip"), to attend the D23 Expo at the Anaheim Convention Center, consisting of the following elements for the Group: [1] hotel accommodations (one standard room/quadruple occupancy, including room tax) for three (3) nights; [2] if winner'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 winner's residence ("Airport of Origin") and a Sponsor-selected airport in or near the City; but if winner's residence is located two hundred fifty (250) miles or less from the City, round-trip ground transportation via a Sponsor-selected method between winners' residence and the hotel; [3] airport/hotel transfers; [4] (4) 4-day passes to the D23 Expo and [5] (8) 1-day Park-Hopper tickets redeemable at Disneyland Resort®. 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, alcoholic beverages, fax, food, gratuities and tips, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls. Travel and lodging are subject to availability, certain restrictions, blackout dates and Sponsor's approval. Airline carrier and hotel regulations and conditions apply. Winner must take Trip September 10 – September 13, 2009, or prize will be forfeited in its entirety and, at Sponsor's discretion, awarded to an alternate winner. Travel must be made through Sponsor's agent and Sponsor shall determine airline and flight itinerary in its sole discretion. Releasees are not responsible for airline cancellations or delays. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Approximate Retail Value ("ARV"): $3,000, which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. If the actual value of the prize is less than the stated ARV, the difference will not be awarded. Prize is 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. 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. The prize will be awarded provided it is validly claimed by August 28, 2009, after which no alternate winner will be selected, nor unclaimed prize awarded.
6. PROCEDURES: Entries will only be accepted during the Entry Period. On or about August 24, 2009, in a random drawing, the potential winner will be selected from all eligible Entries received. Odds of winning depend on the total number of eligible Entries received. Many will enter; one will win.
7. WINNER: The potential winner will be notified by phone on his/her Cell number on or about August 24, 2009. Winner must meet all eligibility requirements. All legal responsibilities under the Rules of a minor (as defined by state of primary residence "Minor") will be assumed by a Parent; and a Minor winner's prize will be awarded in the name of the Parent for the benefit of the Minor. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] potential winner's failure to respond to phone call notification within forty-eight (48) hours after its' receipt; [2] the failure of any phone call notification to be completed after three (3) tries; [3] potential winner's failure to provide Sponsor with satisfactory proof of age, identity and residency; [4] potential winner's failure to validly claim the prize by August 28, 2009; [5] potential winner's failure to be available to make the Trip and [6] any other non-compliance with 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. The Group must travel together on same itinerary; and a Minor may not participate in the Trip unless accompanied by his/her Parent to comprise the Group. The guest will be required to execute and return a Release of Liability prior to ticketing. The Group is solely responsible for obtaining any and all necessary travel documents (valid photo I.D., credit card, etc.) before departure. All taxes are solely the responsibility of the winner, who will receive an IRS Form 1099 reflecting the value of the prize.
8. CONDITIONS AND RELEASES: By entering this Sweepstakes and/or accepting any prize you may win, you agree, represent and warrant that: [1] you will abide by and be bound by the Rules and the Sponsor's decisions, which shall be final in all respects; [2] the Entry becomes solely the Sponsor's property; [3] the Releasees do not make any representation, warranty or guarantee, express or implied, relating to the Sweepstakes or prize; [4] you release and hold harmless the Releasees from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the prize or participation in this Sweepstakes or in any Sweepstakes-related activity or travel; [5] winner's acceptance of the prize constitutes the grant to Sponsor and assigns of an unconditional right to use winner's name, address (city and state only), voice, likeness, photograph, biographical and prize information and/or statements about the promotion (collectively, "Personal Material") for any programming, publicity, advertising and promotional purposes, in any media now known or hereafter created or conceived, worldwide in perpetuity or on a winner's list, without additional compensation, except where prohibited by law; [6] although Sponsor is not obligated to use any of the Personal Material, it may do so and may edit such Personal Material, at Sponsor's sole discretion, without further obligation or compensation; [7] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor's reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Sweepstakes, so that it cannot be conducted as originally planned, Sponsor has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Sweepstakes; and in such event, to select a winner by such method as Sponsor in its sole discretion shall consider equitable; [8] the Releasees are not responsible for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to: errors in the advertising, Rules and selection and announcement of the winner; [9] any portion of the prize not accepted or used by the winner will be forfeited; [10] the Releasees are not responsible for any inability of the winner to accept or use the prize (or any portion thereof) for any reason; [11] the Sponsor has the right, at any time and at its sole discretion, to disqualify any individual it suspects to be doing any of the following: (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes; (b) violating the Rules; (c) violating the terms of service or other terms, conditions of use and/or general rules or guidelines of any Sweepstakes property or service or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or for any other good cause as determined solely by the Sponsor; [12] all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys' fees, and under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased and [13] Sponsor has the right to modify prize award procedures at its sole discretion.
9. RULES & WINNER'S LIST: For name of winner (after August 28, 2009) and/or Rules (before August 21, 2009), send a self-addressed, stamped #10 envelope to: D23 Mobile Sweepstakes, c/o Disney Online, 500 S. Buena Vista St., Burbank , CA 91521. Winner will also be posted at www.disney.mobi/surprise.
