THE CHIMPANZEE TRIVIA CHALLENGE FIRE DRILL PROMOTION TERMS AND CONDITIONS

Transcription

1 THE CHIMPANZEE TRIVIA CHALLENGE FIRE DRILL PROMOTION TERMS AND CONDITIONS NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT ENHANCE YOUR CHANCES OF WINNING. MANY WILL ENTER, FEW WILL WIN. 1. Eligibility: The Chimpanzee Trivia Challenge Fire Drill Promotion (the "Promotion") is only open to entrants, who at the time of entry are: (a) natural persons who are legal residents of, and currently living in, one of the 50 United States and the District of Columbia, Puerto Rico, or Canada (excluding Quebec); and (b) 13 years of age or older ( Entrant ). Entrants must not be an employee or director, or IRS dependent, immediate family member or individual residing in the same household of, an employee or director, of Buena Vista Home Entertainment, Inc. ("BVHE"), its parent, and any subsidiaries, related and affiliated companies of each, Prize Logic, LLC ( Administrator ), or their respective parent, subsidiary and affiliated companies, advertising, promotion, or production agencies, web masters and web suppliers. Void where prohibited by law and subject to all applicable federal, state, provincial, municipal, territorial, and local laws and regulations. Participation constitutes Entrant s full and unconditional agreement to these Terms and Conditions ("Terms and Conditions") and Sponsor s and Administrator s decisions, which are final and binding in all matters related to the Promotion. Receiving a Gift is contingent upon fulfilling all requirements set forth herein. An Entrant must have a non-private Twitter account to participate in the Promotion. If an Entrant does not have a non-private Twitter account, there is no cost to create one at To participate in the Promotion, an Entrant must agree to comply with the Twitter terms of use and privacy policy in order to create a Twitter account. There is no charge to on Twitter. Additionally, to receive a Gift, Entrants must be a member of the Disney Movie Rewards loyalty program ( DMR ). If an Entrant is not currently a member of DMR, such Entrant may become a member by visiting providing the requisite member information and agreeing to comply with the DMR terms and conditions and privacy policy. Membership is free. 2. Sponsor: Buena Vista Home Entertainment, Inc., 500 South Buena Vista Street, Burbank, CA 91521, USA. 3. Administrator: Prize Logic, LLC, Telegraph Road, Southfield, MI 48033, USA. 4. Timing: The Promotion will commence on or about August 14, 2012 and will end on or about September 9, 2012 ( Promotion Period ). There will be no more than 4 Chimpanzee Trivia Challenge fire drills (the Fire Drills ) during the Promotion Period. 5. How to Enter: If an Entrant has a Twitter account and is not already a follower then an Entrant may log onto Twitter using his/her Twitter user name and password and become a follower Entrant must remain a follower or

2 @Disneynature throughout the Promotion Period and for at least 60 days thereafter (for potential notification purposes) to be eligible. During the Promotion Period, at random previously unannounced times, Sponsor will tweet a trivia question from the twitter (each a Fire Drill Alert ). The first 50 Entrants who respond to the Fire Drill Alert by sending a tweet, which includes the correct answer to the trivia question and the hashtag #chimpanzeedmr (the Entry ) will be potential Gift recipients pending verification of eligibility and compliance with these Terms and Conditions. A potential Gift recipient is not deemed to be a Gift recipient until he/she successfully completes the claim process as described in Section 7 below. If it is discovered that an Entrant has registered or attempted to register more than once in the Promotion using multiple addresses, Twitter accounts, or multiple identities, all of that Entrant s Entries will be declared null and void and any Gift he/she might have been entitled to receive will not be awarded. NOTE: Due to the way Twitter operates its service, Sponsor may not receive Entries from Twitter users with "protected" updates (i.e., Entrant has set his/her account so that only people the Entrant has approved can view his/her updates). If an Entrant tweets via SMS from his/her wireless phone, the Entrant s wireless-service provider may charge the Entrant for each text message sent and received. Entrants should consult their wireless-service provider regarding its pricing plans. Message and data rates may apply. 6. Gift and Approximate Retail Value ( ARV ): During each Fire Drill, 50 Blu-ray TM movies (specific title to be determined by BVHE in its sole discretion) (each a Gift ) will be given to verified Gift recipients. Limit: one (1) Gift per DMR account during the Promotion. The approximate retail value ( ARV ) of each Gift is $39.99 USD/$39.93 CAD. The total ARV of all Gifts for each individual Fire Drill is $1, USD/$1, CAD. 7. How to Claim a Gift: After the conclusion of each Fire Drill, each of the first 50 eligible Entrants to tweet a valid Entry will be notified at his/her Twitter account via Direct Message and asked to provide his/her full name, address, Twitter account name, age and complete mailing address (collectively, Contact Information ) in an to Administrator s address as stated in the Direct Message ( Gift Notification ). Each Entrant contacted must reply via to Administrator s address as designated in the Gift Notification with Entrant s Contact Information within 5 days of the date of the Gift Notification (the Deadline ). Administrator and Sponsor will use such Contact Information for verification of Entrant eligibility, compliance with these Terms and Conditions and Gift fulfillment purposes only. All Contact Information gathered will be subject to the Sponsor s Privacy Policy as further described in Section 11 below. The mailing address must be a complete and valid street address (no P.O. boxes) including city, state/province and ZIP/postal code. Upon verification of Entrant eligibility and compliance with these Terms and Conditions (and, in the case of Canadian residents, successful completion of the time-limited skill testing question as further described in Section 9 below), the Entrant will receive a code via . Entrant will then need to sign in or join DMR and enter the code to claim the Gift. Upon DMR s

3 receipt and validation of the code, and Entrant s completion of the Gift fulfillment process via DMR, the Gift will be mailed to the Entrant. In the event one or more of the first 50 eligible Entries received during a Fire Drill is found to be ineligible or not in compliance with these Terms and Conditions, Sponsor and/or Administrator is unable to contact the Entrant, the Entrant does not reply to the Gift Notification before the Deadline in accordance with these Terms and Conditions and the directions provided in the Gift Notification, or the Gift Notification or Gift is returned as undeliverable, then the Gift may be forfeited. In the event of forfeiture of a Gift, Sponsor may, in its sole discretion, send a Gift Notification to the next eligible Entrant to have tweeted an Entry and that Entrant must claim his/her Gift as provided in this Section 7. If 50 eligible Entries are not received during a Fire Drill, the remaining Gifts will be awarded in a random drawing of all Entries received during the applicable Fire Drill. The right to receive a Gift is non-assignable, non-transferable and no substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute a Gift of equal or greater value in case of unavailability of Gift or force majeure. Gift recipients will be solely responsible for any and all federal, state and local taxes imposed on a Gift. Allow 6 to 8 weeks for verification and shipment of a Gift. Released Parties, as defined in Section 8 below, shall not be held responsible for any delays in awarding Gifts for any reason. Gifts will only be sent to verified Entrants. Unclaimed Gifts may, in Sponsor s sole discretion, not be awarded. No more than 50 Gifts will be awarded during each individual Fire Drill. 8. Limitations on Liability: Entrants agree that Sponsor, Administrator and their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively "Released Parties") will have no liability whatsoever, and shall be held harmless by Entrants, for any injuries, claims, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Gift or participation in this Promotion, or Entrant s failure to comply with the Terms and Conditions. The Released Parties shall not be liable to any Gift recipient or any other person for failure to supply any Gift(s) or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Released Parties control. The Released Parties are not responsible for illegible, lost, late, damaged, incomplete, misdirected, or stolen Entries, or for typographical or other errors in the offer or administration of this Promotion, including but not limited to: errors in advertising, Terms and Conditions, selection and announcement of the Gift recipients and distribution of Gifts; or for lost, interrupted or unavailable network, server, satellite, Internet Service Provider (ISP), website or other connections, availability or accessibility, or for miscommunications, failed computer, telephone or cable transmissions, lines, or technical failure; or jumbled, corrupted, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind whether human, mechanical, electronic, technical or network; or for the incorrect or inaccurate capture of Entry or

4 other information or the failure to capture any such information, or for any misdirection or delay of any to be received on account of technical problems or traffic congestion on the Internet, Twitter, or any combination thereof, including any injury or damage to Entrant s or any other person s computer related to or resulting from participation in or downloading or uploading any materials in connection with the Promotion; or for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion; or for any personal injury, death, or damage to or loss of property, arising out of receipt or use or misuse of any Gift produced and/or manufactured by a Gift provider or other third party. 9. General Conditions: Persons who tamper with or abuse any aspect of the Promotion as solely determined by the Sponsor, will be disqualified, and Sponsor reserves the right to terminate such Entrant's eligibility. Sponsor may also disqualify any person that acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or for any other good cause reason solely determined by Sponsor. Should any portion of the Promotion be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion, and select Gift recipient from Entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute regarding Gift claims or Entries received from multiple users having the same address, the authorized subscriber of the address at the time of Entry used to enter, and not the name on the Entry form, will be deemed to be the Entrant and must comply with these Terms and Conditions. Authorized account subscriber is the natural person who is assigned the address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning addresses. Except where legally prohibited, Gift recipient grants (and agrees to confirm in writing) permission for the Released Parties to use his/her name, photograph, voice, likeness, and/or statements made by, or attributed to Gift recipient in all media now known or hereafter discovered, worldwide, including, without limitation, on the World Wide Web, without notice, review or approval or compensation. Canadian Residents Only: All potential Gift recipients who are residents of Canada will be required to correctly answer a time-limited skill testing question without any assistance in order to be eligible to receive a code to claim a Gift or such Gift will be forfeited. If any Gift notification or Gift is returned as non-deliverable, such Gift will be forfeited and an alternate Gift recipient may be selected as further described in Section 7 above. Noncompliance with any of the foregoing or any portion of these Terms and Conditions may result in disqualification and awarding of the Gift to an alternate Gift recipient. Federal, state, territorial, and local taxes and all other expenses not specified herein are Gift recipient's sole responsibility. The Sponsor may assign all rights granted by Entrants and Gift recipients hereunder to any party at Sponsor s sole discretion.

5 10. Disputes/Choice of Law: Except where prohibited, Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion (excluding any and all disputes, claims and cause of action arising out of or connected with the use of any of the Gifts awarded in the Promotion) shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan, U.S.A.; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan, U.S.A. 11. Privacy: Information collected from Entrants is subject to the Sponsor s Privacy Policy. We encourage you to read this policy, which can be found at Gift Recipients List: To obtain the names of the Gift recipients, send a properly stamped self-addressed envelope, by October 24, 2012, to Chimpanzee Trivia Challenge Promotion Gift Recipients List, P.O. Box , West Bloomfield, MI Disney All currency conversions based on listed exchange rate as of August 3, Twitter is a registered trademark of Twitter, Inc. This Promotion is in no way sponsored, endorsed or administrated by, or associated with Twitter, Inc.