DISNEY MARS NEEDS MOMS FAMILY QUEST SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT IMPROVE ONE’S CHANCES OF WINNING.
MANY WILL ENTER. FEW WILL WIN. VOID WHERE PROHIBITED.
1. SPONSOR: ABC Cable Networks Group, dba Disney Channel, 3800 W. Alameda Avenue, Burbank, CA 91505.
2. ADMINISTRATOR: Ventura Associates, Inc., 1040 Sixth Avenue, New York, NY 10018, an independent judging organization whose decisions are final and binding with respect to this sweepstakes (“Sweepstakes”).
3. ENTRY: You may enter this Sweepstakes in one of four (4) ways during the period beginning at 12:01 A.M., February 14, 2011 and ending at 11:59:59 P.M., March 31, 2011 (“Entry Period”). For purposes of these Official Rules (“Rules”), all times are Pacific Time and “Day” shall mean each day during the Entry Period. Sponsor’s computer is the official time-keeping device for the Sweepstakes.
(a) SMS TEXT ENTRY: You may enter this Sweepstakes, by sending on your cell phone (“Cell”) any one (1) of the following keywords “ADVENTURE,” “BROCCOLI,” “GRIBBLE,” “KI,” “MARS,” “MARTIAN,” “MILO,” “MOM,” “QUEST,” or “TWOCAT.” as an SMS text message to the SMS shortcode 347639 (Disney) (“SMS Entry”). By sending a text, you will earn one (1) entry into the Sweepstakes. Standard carrier-messaging and data charges may apply to each text message sent and received. SMS Entrants will receive a confirmation SMS text message on their Cell. All Cell entrants must have a text messaging two-way capable phone and digital and SMS service in order to enter the Sweepstakes using the text messaging method. Text messaging may not be available in all areas. If you are a minor (as defined by state of primary residence, “Minor”) you must have the permission of your parent/legal guardian (“Parent”) to enter via SMS Entry. By entering via SMS Entry you grant to Administrator your consent to call your Cell should you be selected a potential winner.
(b) ONLINE ENTRY: As a registered member (“Member”) of Disney.com, you may enter by logging onto Disney.com/familyquest (“Website”), logging in with your Member Name and Password and following the “How to Enter” instructions (“Online Entry”). By submitting an Online Entry, you will earn one (1) entry into the Sweepstakes. If you are not a Member, you may become a Member for free by visiting the Website and registering by providing the requested information on the Registration Form through the link on the site: “Not registered?” Upon becoming a Member by registration, you may enter the Sweepstakes by following the above instructions. Normal Internet access and usage charges imposed by your on-line service will apply. It is your sole responsibility to notify the Administrator if you or your Parent change email address (“Address”). To do so, go to http://register.go.com/go/memberservices/home, log into your Website account with your Member Name and Password, click on “Modify” and follow the instructions on how to change the Address.
(c) GAME ENTRY: After you have entered the Sweepstakes by an Online Entry, you may earn an additional five (5) entries by playing Level 1 of the Mars Needs Moms Game (“Game Entry”). You do not have to win Level 1 or play the full Game in order to earn the five (5) entries.
(d) iAd METHOD OF ENTRY: If you have an iPhone, iPod Touch or iPad, you may enter the Sweepstakes by clicking on the Nissan Quest iAd mobile banner found within numerous applications (“iPhone Application”) and completing the entry section to receive one (1) entry into the Sweepstakes (“iAd Entry”).
“Entry” shall mean and refer to each SMS, Online, Game and iAd Entry.
4. LIMITATIONS: All Entries must be received by 11:59:59 P.M., March 31, 2011. Entries are limited to one (1) Entry per person/Cell/Address/iPhone Application per Day (regardless of method of Entry or whether one person has more than one Cell/Address/iPhone Application or more than one person use the same Cell/Address/iPhone Application); provided, however, for each Game Entry earned the limit is six (6) Entries rather than one per Day. Therefore, the total Entries for the Entry Period are limited to a maximum of forty-six (46), except when Game Entries are earned, the maximum is two hundred and seventy six (276) Entries. Any attempt by any entrant to obtain more Entries per Day than allowed hereunder by using multiple/different email addresses, iPhone applications, identities, registrations or logins, or any other methods will void that entrant’s Entries and may disqualify the entrant. 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/Address/iPhone Application 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. Open only to persons, who are, as of Entry, thirteen (13) years of age or older, legal residents of, and physically located within, the 50 United States or D.C., (collectively, “Territory”), and are not employees of Sponsor, Nissan North America, 3ci, or Administrator; their respective parent, subsidiary or affiliated companies; or the advertising, promotional or fulfillment agencies of any of them (individually and collectively, “Entities”); nor members of their households or immediate families (defined as parents, children, siblings, step-parents, step-children, step-siblings and their spouses). 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, illegible, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, mutilated, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or for lost, interrupted or unavailable network, server, Internet Service Provider, Website or other connections; telephone or cell phone text messaging availability or accessibility; or text message malfunctions; miscommunications; failed computer, satellite, telephone or cable transmissions, lines or technical failure; failed phone, computer hardware or software, failures, technical errors or difficulties; telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant’s email account to receive email; 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. Void where prohibited and subject to all applicable federal, state, local and municipal laws and regulations.
5. PRIZES: ONE (1) GRAND PRIZE: one (1) 2011 Nissan Quest SL (“Car”) (approximate retail value (“ARV”): $35,000). Winner is solely responsible for any and all expenses related to the Car apart from its cost and any delivery/freight charges related to its delivery to a Sponsor-selected Nissan dealership near winner’s residence (“Dealer”), including but not limited to: fees for title, license and registration; insurance; taxes and gasoline. Car color, trim level, and other Car options and equipment are to be Sponsor-selected and are subject to availability. At the time Car is delivered, winner must have a valid driver’s license and provide a valid social security number and evidence of insurance. Delivery of Car must be taken from the Dealer on a Sponsor-selected date. If winner is unable to pick up the Car at the Dealer, an additional delivery fee may apply which will be solely the winner’s responsibility. If the Car is not available within six (6) months of winner verification due to any reason beyond Sponsor’s control, a Nissan vehicle of comparable or greater value will be awarded, representing Sponsor’s sole obligation to the winner.
ONE (1) FIRST PRIZE: a four (4) day / three (3) night trip for winner and three (3) guests (“Group”) to Los Angeles, California (“City”), to attend an upcoming Walt Disney Studios’ red carpet movie premiere (“Premiere”), to travel on Sponsor-selected dates (“Trip”). The Trip will consist of the following elements for the Group: [a] hotel accommodations (one standard room/quad occupancy, including room tax) for three (3) nights; [b] tickets to the Premiere; [c] 2-Day Disneyland® Resort Park Hopper® tickets including access to Disneyland® Park and Disney’s California Adventure® Park; [d] ground transportation at the Resort; [e] hotel/Premiere transfers; [f] $500 Visa® Gift Card (for winner only), [g] 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 major airport in or near the City; but if winner’s residence is located two hundred fifty (250) miles or less from the City, then round-trip ground transportation via a Sponsor-selected method between winners’ residence and the hotel and [h] airport/hotel transfers. ARV: $6,200, which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. 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 and Sponsor’s approval. Airline carrier and hotel regulations and conditions apply. Winner must take Trip on Sponsor-selected dates and before April 30, 2012, or Trip will be forfeited in its entirety. 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.
TEN (10) SECOND PRIZES: one (1) Disney prize pack consisting of the following elements: [1] Disney Blu Ray DVD’s and Games (quantity and specific titles subject to Sponsor’s sole discretion), [2] one (1) $50 Disney Store Gift Card and [3] Disney Toys & Apparel (quantity and specific items subject to Sponsor’s sole discretion) (ARV: $250).
Total ARV of all prizes: $43,700.
All terms and conditions of the gift card apply. If the actual value of any prize is less than the stated ARV, the difference will not be awarded. Any depiction of any prize is for illustrative purposes only and may not reflect actual prize won. Prizes are not redeemable for cash or transferable, except a Grand and First Prize are each transferable 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. Sponsor will not replace any lost, mutilated or stolen tickets, travel vouchers, certificates or prizes. Prize elements may not be separated. Airline tickets issued in conjunction with the First Prize are not eligible for frequent flyer miles, and no code share flights may be used. A prize cannot be used in conjunction with any other promotion or offer. All prizes will be awarded provided a sufficient number of eligible Entries are received and prizes are validly claimed by July 30, 2011, after which no alternate winners will be selected, nor unclaimed prizes awarded. Any prize won by a Minor will be awarded to Minor’s Parent, who must sign and return all required documents.
6. PROCEDURES: All Entries must be received during the Entry Period. On or about April 14, 2011, in a random drawing conducted by the Administrator, the potential winners will be selected from among all eligible Entries received. The decision of the Administrator shall be final and binding. Odds of winning depend on the total number of eligible Entries received.
7. WINNER: On or about April 15, 2011, each potential winner will be notified via email or cell phone, as appropriate, to obtain a mailing address as well as any additional required information or responses. Once mailing address is available, potential Grand and First Prize winners will be sent paperwork by overnight delivery service. 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 email or cell phone notification within two (2) business days after transmission; [2] the return of any notification or prize as undeliverable; [3] potential winner’s failure to provide Administrator with satisfactory proof of age, identity and residency; [4] potential winner’s failure to provide Administrator with satisfactory proof that he/she [or Parent] is the authorized account holder of the Cell, Address or iPhone Application associated with the winning Entry; [5] potential winner’s failure to provide required additional information upon Administrator’s request; [6] potential Grand or First Prize Winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within five (5) business days after its mailing; [7] potential First Prize Winner’s failure to be available to make the Trip on Sponsor-selected dates; [8] potential winner’s failure to validly claim any Second Prize within ten (10) days after it is sent; [9] potential winner’s failure to validly claim any prize by July 30, 2011 and [10] any other non-compliance with Rules. In the event of any 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 the same itinerary and members of the Group are solely responsible for obtaining all necessary travel documents (i.e. valid photo I.D, etc.) before departure. All members of the Group will be required to execute a Release of Liability prior to ticketing. Anyone in the Group who is a Minor must be accompanied on the Trip by his/her Parent as one of the Group, who must sign and return all required documentation. Each Minor must be accompanied at all times during the Trip (including, but not limited to, in-flight, hotel stay, and all prize-related events) by his/her Parent. All taxes are solely the responsibility of each winner. Grand and First Prize Winners will each receive an IRS Form 1099 reflecting the value of his/her prize.
8. PRIVACY POLICY/DATA COLLECTION: Except as otherwise contemplated in these Rules, and to the extent you may otherwise elect at the time of Entry, information provided by you for this Sweepstakes is subject to Sponsor’s privacy policy located at http://disney.go.com/corporate/privacy/pp_wdig.html (“Privacy Policy”).
9. CONDITIONS: By entering this Sweepstakes and/or accepting any prize you may win, you agree that: [1] you have all rights, permissions and consents necessary to grant the rights to Sponsor as expressed herein; [2] you will abide by and be bound by the Rules and the Sponsor’s and Administrator’s decisions and the Privacy Policy; [3] the Entry becomes solely the Sponsor’s property and will not be acknowledged or returned; [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 any prize; participation in the Sweepstakes or any Sweepstakes-related activity or travel or from any interaction with, or downloading of, computer Sweepstakes information; [5] the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) except the Car does include Nissan’s standard vehicle limited warranty as set forth in the owner’s guide; [6] winner’s acceptance of any 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 for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [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, except where prohibited by law, 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 winners by such method as Sponsor in its sole discretion shall consider equitable and in the event the Trip has already commenced, to terminate the Trip and return the Group to any airport of origin as soon as reasonably possible; [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, selection and announcement of the winners and distribution of the prizes; [9] any portion of any prize not accepted or used by any winner will be forfeited; [10] the Releasees are not responsible for any inability of any winner to accept or use any 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 or the Website; (b) violating the Rules; (c) violating the terms of service, Privacy Policy or other terms, conditions of use and/or general rules or guidelines of any Sweepstakes property or service; (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or (e) for any other good cause as determined solely by the Sponsor; [12] Sponsor has the right to lock out an entrant whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter the Sweepstakes; [13] since any attempt by any individual to damage the Website or undermine the legitimate operation of this Sweepstakes or the Website is a violation of these Rules as well as criminal and civil laws, and should Sponsor believe or become aware that such an attempt has been, is being, or will be made, it has the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution; [14] all disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to this Sweepstakes, the meaning or interpretation of the Rules or any prize awarded shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state; [15] all Claims shall be resolved individually, without resort to any form of class action; [16] 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; [17] Sponsor has the right to modify prize award procedures at its sole discretion; [18] in the unlikely event of the cancellation or postponement of the Premiere due to circumstances beyond Releasees’ reasonable control, the Releasees are not responsible. If such occurs, the Trip will be awarded without those elements of the prize; [19] winner’s acceptance of the Grand or First Prize constitutes the grant of an unconditional right to Sponsor and assigns to photograph, film, or otherwise capture the fulfillment of the prize (“Trip/Car Fulfillment Filming”), and Sponsor shall have the unconditional right to reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize with visual material, modify, amend, create derivative works, and otherwise use and permit others to use these photographs and footage throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions, in perpetuity, without compensation, except where prohibited by law; [21] Sponsor’s use of the Trip/Car Fulfillment Filming as described herein will not give rise to any claims of infringement, invasion of privacy, defamation or claims for performance or payment of any kind, including but not limited to payment of re-use fees, residuals or license fees; [22] Sponsor shall have the right to make such changes to the Trip/Car Fulfillment Filming and make such uses thereof as it deems necessary or desirable, including but not limited to the right to use, edit, and reproduce and/or alter said Trip/Car Fulfillment Filming in perpetuity, in its entirety or in part, for any commercial and promotional purposes worldwide without any consultation or additional permission, or compensation, credit or attribution; [23] Sponsor has the right to conduct a background check (“Check”) of any and all records of the First Prize Winner including without limitation, civil and criminal court records and police reports, which he/she; to the extent necessary under law, shall authorize; [24] Sponsor has the right to conduct a Check of any and all records of the First Prize Winner’s guests including without limitation, civil and criminal court records and police reports, which he/she; to the extent necessary under law, shall authorize; [25] Sponsor may take all steps necessary to corroborate any information provided to Sponsor by the First Prize winner and the First Prize Winner’s guests, and he/she will be obligated to provide necessary contacts and information for the Check; [26] if any felony or misdemeanor conviction is found, or if there is anything that conflicts with Sponsor’s image, Sponsor has the right, in its sole discretion, to disqualify the winner or the winner’s guests from participating in the Trip or portions of the Trip and to pay the winner a cash substitute for the Trip or those portions that are removed. Winner’s guests will not get a cash substitute; [27] the Releasees are not responsible if the Car becomes unavailable for any reason, including being the subject of a market withdrawal or recall, and in such case, the winner will be provided a Sponsor-selected substitute vehicle and [28] you (or your Parent) are solely responsible for all fees incurred through your wireless phone service for text messages associated with participation in this Sweepstakes.
iPhone, iAd, iPad and iPod Touch are trademarks of Apple Inc. and are not responsible for or affiliated with this promotion.
Visa is a trademark of Visa and is not responsible for or affiliated with this promotion.