“THE HSM3 SCHOOL SPIRIT CONTEST” OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN
I. NAME OF SPONSOR AND ADMINISTRATOR
Sponsor: Walt Disney Studios Motion Pictures (the “Sponsor”), 500 South Buena Vista St., Burbank, CA 91521. Administrator: Pop2Life, Inc. (“Administrator”), 247 Centre Street, 6th Floor, New York, NY 10013. Disney Destinations, LLC (“Disney Parks”) is solely a prize provider and has no responsibilities regarding the conduct or administration of the Contest. Host: MySpace, Inc. (“MySpace"), 407 N. Maple Drive, Beverly Hills, CA 90210.
II. BRIEF OVERVIEW OF CONTEST PROMOTION
In support of the theatrical release of High School Musical 3: Senior Year (the “Film”), the “HSM3 School Spirit Contest” (the “Contest”) hosted on MySpace.com (“Contest Website”) is a Contest in which participants (“Participant(s)”) complete various tasks in order to earn points for eligible high schools (private or public) located within the contiguous United States and the District of Columbia that start at grade nine or higher. One eligible school, in accordance with these Official Rules, may be eligible to win the Grand Prize of a HSM3-themed pep rally with a performance from a musical artist (the “Pep Rally”) and a senior class Disney Grad Nite experience for up to 300 students and 30 chaperones, including travel to either WALT DISNEY WORLD® Resort or DISNEYLAND® Resort (“Disney Grad Nite”).
III. CONTEST PERIOD
Participants can earn points for Eligible Schools by voting on a wireless phone or by completing designated tasks online commencing on or about 3:00:00 PM Pacific Time (‘PT”) on August 29, 2008 and ending at 03:00:00 PM PT on November 3, 2008 (the "Contest Period"). The MySpace computer is the official time keeping device for the Contest.
IV. ELIGIBILITY
Contest is open to high schools (private or public) in the contiguous United States and the District of Columbia that start at grade nine or higher (“Eligible Schools”). THE CONTEST IS NOT OPEN TO SCHOOLS LOCATED IN ALASKA OR HAWAII OR OTHERWISE OUTSIDE THE CONTIGUOUS UNITED STATES OR WHEREVER PROHIBITED OR RESTRICTED BY LAW. Schools that include grades below grade nine are not eligible to participate. The Eligible School list, school city, state, zip code and student population is provided by Sponsor on Contest Website based on data obtained from ASD Data Services, LLC, as of August 28, 2008 and does not guarantee eligibility. If a school is not on the list that meets the eligibility criteria, then the potential eligible school must contact the Administrator via the Contest Website and provide the information that Sponsor and Administrator request, including, but not limited to, eligible grades of the school (i.e., 9-12), student population, school address, school telephone number and principal, in order to determine eligibility. Once eligibility is confirmed, the school will be added to the Eligible School list on the Contest Website and issued a unique keyword for wireless voting and such Eligible School can then begin earning points. A potential eligible school may be added to the Eligible School list on the Contest Website at any time over the duration of the Contest Period. Sponsor may disqualify any school on the Eligible School list that Sponsor determines, at any time, does not meet the eligibility requirements of the Contest, regardless of points earned. Points earned by any school are non-tranferrable. In the event the school address and/or student population displayed for an Eligible School is incorrect at the time of registering for the Contest, Participants may contact the Administrators via the Contest Website to request that this information be updated. Any such verification of an Eligible School’s information will be done with the school directly and updates will be made at Sponsor’s discretion. Sponsor and MySpace are not responsible for any school on or off the Eligible School list that either does or does not meet the eligibility requirements or for inaccurate student population data. Only Participants who complete all required online fields and acceptance requirements and releases, if required, and submit materials in accordance with the specifications set forth in these Official Rules or otherwise on the Contest Website in connection with the Contest will be eligible to earn points (or opt-out) on behalf of an Eligible School.
V. OPTING OUT A SCHOOL
Participants who wish to opt an Eligible School out of the Contest do not have to be a registered user of MySpace, but must be at least 21 years of age and an official representative of the school and may do so on the Contest Website at any time over the duration of the Contest Period. An official school representative for the purpose of opting out a school must be the Principal, Assistant Principal, Director of Student Activities, Official Advisor to Student Counsel or Other School Official comparable to these positions or higher in authority as determined in Sponsor’s sole discretion. Before officially opting a school out of the Contest, opt-out requests made on the Contest Website may be verified using the contact information provided online and may also be confirmed with an additional representative of the school. Phone contact and/or email contact made with an official representative of the school during the verification process shall be deemed a legitimate, approved opt-out request and the school will then be officially opted out of the Contest accordingly. Additionally, proof of identity and/or position and written confirmation of opt-out may be required if deemed necessary by Sponsor. If no authority from the school may be reached to verify the opt-out request, then the opt-out of such school may be delayed. Once a school has been opted out of the Contest, no more points will be assigned to the school. In the event a school that has been opted out of the Contest wishes to be opted back into the Contest, it will be at Sponsor’s sole discretion to “Reactivate” a school back into the Contest and Sponsor is not obligated to do so. In the case of Reactivation, the request must be confirmed with the Principal or a higher authority associated with the school and such individual(s) may be required to execute and sign a Reactivation release and submit to Sponsor. Once Reactivation of a school is completed, such school will be re-assigned the total points it had at the time of opt-out, but will not receive any points for tasks completed during the time such school was opted-out of the contest. If a school is opted out a second time, for any reason, no further Reactivation will be allowed. Sponsor and MySpace are not responsible for any school’s failure to earn points once it has been opted out of the Contest.
CAUTION: ANY ATTEMPT TO CIRCUMVENT THE FAIR PLAY OF THIS CONTEST WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
VI. HOW TO EARN SPIRIT POINTS
There are multiple ways to earn spirit points, referred to herein as (“points”) for an Eligible School. Depending on the method for earning points, Participants who earn points in the Contest on behalf of an Eligible School may be required to meet specific criteria set forth on the Contest Website. You may earn points as follows:
Earning Points with a Mobile Phone: Standard messaging rates may apply as determined by your service carrier. Using a mobile phone, text your high school keyword (individual keywords for Eligible Schools can be found at www.hsm3spirit.com) to short code 36789 during the Contest Period to cast your “Mobile Vote.” Each Mobile Vote is worth 30 points. Anyone may participate in the mobile voting method for earning points although to earn points via this method you must have a text messaging two-way capable phone and digital service to use the text messaging method and not all wireless phones carry the service necessary to participate. Standard messaging rates may apply as determined by your service carrier. Sponsor is not responsible for charges you may incur as a result of wireless phone transmissions. Before playing, check with your local wireless provider for details on service availability and possible charges. Participants will receive an SMS confirmation message via text after each successful Mobile Vote. Confirmation message may also include more information about the products and services of Sponsor (a business of ABC, Inc.), Walt Disney Parks and Resorts and the musical artist(s) performing at the Pep Rally. Limit of one (1) Mobile Vote per mobile device per day.
Earning Points Online: To earn points online: visit http://www.myspace.com/hsm3 (the “Contest Website”); register with MySpace to establish a MySpace Account or log on to your MySpace account if you are already a registered user of MySpace; register on the Contest Website and follow the on-screen instructions which will require that you: (1) fill in a Contest Screen Name for the Contest, (2) find and accept your high school from the list of Eligible Schools (select by State, City, School Name), and (3) accept the MySpace Terms of Use Agreement (“MySpace Terms”) and the Official Rules and any other conditions required for a specific online task . Once you have registered for your school, you can then complete an “Online Task” (as outlined below) to earn points on behalf of your school. In order to earn points Online, participants must be at least 14 years of age and a registered user of the Contest Website and of MySpace, which requires acceptance of the My Space Terms located at http://www.myspace.com/index.cfm?fuseaction=misc.terms and MySpace’s Privacy Policy located at http://www.myspace.com/index.cfm?fuseaction=misc.privacy. Normal Internet access and usage charges imposed by your online service will apply. Proof of submission does not constitute proof of receipt by Sponsor.
Online Tasks: Each Online Task is worth an assigned point value and is limited as described below. For Online Tasks that require uploading user generated content (“School Submissions”), such as videos (“Video(s)”) and photos (”Photo(s)”), Participants must electronically acknowledge and agree to the submission terms set forth on the upload page of the Contest Website and submit their School Submission as instructed in order to receive points for his/her school in the Contest. By uploading your School Submission and completing the submission process, you agree that your School Submission conforms to the Requirements for School Submissions defined in Section VII. below (the “Submission Requirements”).
Easy Online Tasks include:
- Adding the HSM3 Community as a “Friend” on your MySpace profile page. 500 points. Limit of one (1) time per Participant over the Contest Period.
- Forward the HSM3 Community to a “Friend” on your MySpace profile page. 5 points per friend you forward to over the Contest Period. Limit of forwarding to 20 friends per Participant per day.
Medium Online Tasks include:
- Submit a Photo that expresses your school spirit and has some sort of theme relating to the High School Musical brand. Whether you somehow use the HSM3 film title in your Submission, or dress people up in the Wildcat school colors. Be creative and have fun. Use yourself, and/or your classmates, friends, school faculty, family members or even your school Mascot! It’s up to you, but remember showing your school spirit is key. Refer to the example on the Contest Website for more inspiration. 1500 points. Limit of one (1) Photo per user over the Contest Period. Submission of duplicate Photos by multiple Participants will be disqualified. You must get permission from everyone in the Photo before submitting.
- Complete a High School Musical trivia quiz. 20 points per question answered correctly. Limit of one (1) attempt to answer each question from the pool of multiple-choice questions available on the Contest Website over the Contest Period. No skipping to the next question until an answer has been selected for the previous question.
- Embed a HSM3 Skin on your MySpace profile page. 1500 points. Limit of one (1) time per Participant over the Contest Period.
Hard Online Tasks include:
- Submit a Video that expresses your school spirit and has some sort of theme relating to the High School Musical brand. Whether you somehow use the HSM3 film title in your Submission, or dress people up in the Wildcat school colors. Be creative and have fun. Use yourself, and/or your classmates, friends, school faculty, family members or even your school Mascot! It’s up to you, but remember showing your school spirit is key. Refer to the example on the Contest Website for more inspiration. 4000 points. Limit of one (1) Video per Participant over the Contest Period. Submission of duplicate Videos by multiple Participants will be disqualified. You must get permission from everyone in the Video before submitting.
- Embed a HSM3 user profile widget onto your MySpace profile page. 2000 points. Limit one (1) time per Participant over the Contest Period.
- Embed a “Circle of Friends” application on your MySpace profile page. 2000 points. Limit of one (1) time per Participant over the Contest Period.
Double Bonus Online Tasks:
- Double Bonus Photo: Participants will be able to earn points for their Eligible Schools by completing a Double Bonus Photo Task that will be announced on the Contest Website beginningon or about October 20, 2008. The Double Bonus Photo Task must be submitted within the dates, and in accordance with any rules specifically related to the Double Bonus Photo Task, that are stated on the Contest Website when the Double Bonus Photo Task is announced. So, be sure to visit the Contest Website during the announcement dates so that you don’t miss your opportunity to earn 3000 Double Bonus Photo points! Limit one (1) Double Bonus Photo per Participant over the Contest Period. The rules for te Double Bonus Photo Task may differ from the ruels for School Submissions.
- Double Bonus Video: Participants will be able to earn points for their Eligible Schools by completing a Double Bonus Video Task that will be announced on the Contest Website beginning on or about September 15, 2008. The Double Bonus Video Task must be submitted within the dates, and in accordance with any rules specifically related to the Double Bonus Video Task, that are stated on the Contest Website when the Double Bonus Video Task is announced. So, be sure to visit the Contest Website during the announcement dates so that you don’t miss your opportunity to earn 8000 Double Bonus Video points! Limit one (1) Double Bonus Video per Participant over the Contest Period. The rules for the Double Bonus Video Task may differ from the rules for School Submissions.
Do not provide any Online Tasks that are not specifically requested. Any method of earning points done in excess of the limit by the same Participant will be disqualified. Any use of automated or other programmed methods that can affect points earned on behalf of an Eligible School is prohibited. Online Tasks may be introduced to the Contest Website during the Contest Period at Sponsor’s sole discretion. In such a case, notice of the new Online Task will be posted on the Contest Website. It is the Participant’s obligation to check the Contest Website for any changes or additions to and/or instructions for Online Tasks.
VII. SUBMISSION REQUIREMENTS
School Submissions must be created for this Contest and meet the following guidelines to be eligible to earn points:
- SUBMISSIONS MUST BE ORIGINAL AND CREATED FOR THIS CONTEST;
- It must meet MySpace’s technical specifications for uploads which include:
- Photos must be a file size less than 5MB per upload and submitted in one of the acceptable formats as follows: .jpg, .gif, .bmp, .tiff or .png.
- Videos must not exceed a file size of 250MB per upload submitted in one of the acceptable formats as follows: .avi, .asf, .dv, .wmv, .mov, .qt, .3gp, .3gp2, .gsm, .mpg, .mpeg, .mp4, .m4v, .mp4v, .cmp, .divx, .xvid, .264, .rm, .rmvb, .flv, .mkv, .ogm.
- It must not exceed: 3 minutes in length, if a Video Submission;
- It must comply with the Official Rules;
- It may not depict any person from whom the Participant submitting it has not obtained permission to submit it to the Contest, including permission for the Sponsor to post on the Contest Website;
- It may not have been created by any person from whom the Participant has not obtained permission to submit it to the Contest, including permission for the Sponsor to post it on the Contest Website;
- It should follow any instructions and tips for Video and Photo Tasks as further outlined on the Contest Website;
- It cannot have been submitted previously in a contest of any kind sponsored, co-sponsored, administrated or hosted by Sponsor or exhibited or displayed publicly through any means other than the Contest Website;
- It must be original and not copied from any copyrighted work;
- It must, to the extent text is used or requested, be written in English (with the exception of single words or short terms from other languages which are permissible as long as their meaning is evident in the sole discretion of the Sponsor);
- It cannot be defamatory, contain propaganda or potentially misleading information, or discriminate on the basis of race, religion, creed, national origin, disability, handicap, age, sexual orientation, marital status, veteran status or any other basis prohibited by law, as determined in the sole discretion of the Sponsor.
- It cannot directly promote or speak negatively about any particular faith, political action, legislation or party or encourage the violation of any law, as determined in the sole discretion of the Sponsor;
- It cannot be sexually explicit, pornographic, violent (e.g., relating to murder, weapons, cruelty, abuse, etc.), or depict tobacco or alcoholic products;
- It cannot depict or encourage illegal behavior (e.g. underage drinking, substance abuse, computer hacking, etc.),
- It cannot be offensive, threatening, profane, harassing, or otherwise objectionable as determined by the Sponsor in its sole discretion;
- It cannot relate to controversial subject matter or any subject which is contrary to the interests of Sponsor, MySpace, or any other person or entity involved with the Contest, as determined in the sole discretion of the Sponsor.
Any School Submission that does not comply with any of the above Submission Requirements and the Official Rules, as determined by Sponsor and/or Administrator in their sole discretion, will not earn points on behalf of the applicable school. Repeated School Submissions that do not meet the Submission Requirements may result in the disqualification of a School from the Contest in the sole discretion of the Sponsor.
VIII POSTING OF SCHOOL SUBMISSIONS
SPONSOR MAY POST A PHOTO OR VIDEO OR TEXT ON THE CONTEST WEBSITE SOLELY IN SPONSOR’S DISCRETION AND SUCH POSTING IS NOT GUARANTEED. The Sponsor’s posting of a Photo, Video or Text does not have any effect on points earned. In order to be eligible for posting on the Contest Website, the Photo, Video or Text Submission must first comply with Submission Requirements and also comply with these additional posting requirements unless otherwise stated on the Contest Website. For a Photo, Video or Text Submission to be posted on the Contest Website it must meet the following posting requirements:
- No more than five (5) recognizable people (e.g. people who are visible and identifiable) can be depicted in any Photo or Video Submission;
- It cannot depict or include any trademarks, tradenames, or copyrighted material, owned by any third party, nor include any music or lyrics (with the exception of any pre-cleared music or lyrics Sponsor may make available for download on the Contest Website solely for purposes of the Contest);
- It cannot include any mention of any specific individual, company, organization, brands or products;
- It cannot contain any personal identification of any kind, including names, street or e-mail addresses, or phone numbers;
- It cannot contain any url addresses or Contest Website links.
IX. SELECTION OF THE GRAND PRIZE WINNING SCHOOL
There will be one (1) Grand Prize Winning School determined by the points earned during the Contest Period which will be weighted based on relative school size (the “Spirit Rating”). The Eligible School with the highest Spirit Rating will be selected as the Grand Prize Winning School. In the event there is a tie between two (2) or more Eligible Schools for the highest Spirit Rating, Sponsor will calculate a new Spirit Rating for the tying schools based on the total weighted points received solely through the completion of the Online Tasks. In the event of a second tie, Sponsor will determine which of the tying schools completed the accumulation of their total points first for the Online Tasks and that school will be deemed the Grand Prize Winning School. In the event of a third tie, the tying schools will be given a new Online Task to complete, which will involve a written submission (no photo or video) which will be judged by Sponsor based on the following criteria: (1) originality; (2) creativity; (3) quality of execution; and (4) the overall expression of school spirit. The details of the Online Task will be disclosed in writing to the Eligible Schools with a deadline for submitting the Online Task to Sponsor. Size of Eligible Schools will be determined by ASD Data Services, LLC’s database, as of August 28, 2008, or by Sponsor, in its discretion, if school can verify a significant change in enrollment, or if school was not listed in the database, as determined by Sponsor. The Sponsor’s determination will be final and binding.
Spirit Ranking and Spirit Rating Display: During the Contest Period, Participants may view their school’s cumulative Spirit Rating at any time on the Contest Website and view their school’s rank among other schools (“Spirit Ranking”). The display of Spirit Ratings and Spirit Rankings posted online at any given time are not guaranteed to be an accurate or up-to-date reflection of the current Spirit Ratings or Spirit Rankings; therefore, Participants cannot rely upon the display to determine the Grand Prize Winning School. There may be delays in the display of real-time Spirit Ratings due to technical functions, including but not limited to, the integration of Eligible Points received from Mobile Votes and the conversion from Eligible Points to a school’s Spirit Rating. Sponsor and MySpace are not responsible for the untimely display of or irregular fluctuations in any school’s Spirit Rating or Spirit Ranking due to such delays or for other reasons. In the event of any technical issues that arise for any reason, or any dispute pertaining to the calculation of Spirit Ratings or Spirit Rankings, Sponsor reserves the right to, in good faith, cancel the Contest or to determine the Winning School based on criteria that Sponsor, in its sole discretion, determines is a fair resolution of the Contest, including without limitation, the number of submissions and/or votes accumulated by all or only the top ranked schools before the technical issue and/or dispute arose, or a random drawing from among all or a select number of top ranked schools. In no event will Sponsor, Administrator or MySpace be responsible for any technical difficulties or disputes that make an alternative determination of the Winning School or the cancellation of the Contest necessary.
School Notification: The Grand Prize Winning School will be notified by e-mail and/or phone on or about November 5, 2008 and must respond within five (5) business days or risk forfeiting the Grand Prize. If a prize notification is returned as undeliverable or the potential Grand Prize Winning School otherwise cannot be contacted within five (5) business days, the Grand Prize may be forfeited and the Sponsor may, in its sole discretion, award the Grand Prize to the next runner up. As a condition to receiving the Grand Prize on behalf of the Grand Prize Winning School, the Principal, or a representative with equal or greater authority for the potential Winning School will be required to sign and return to the Sponsor within the time specified by the Sponsor: (i) proof of school eligibility in the form satisfactory to Sponsor; (ii) an affidavit of eligibility/liability and publicity release/prize acceptance; (iii) an assignment of rights; and (iv) any such other documentation as the Sponsor may require in its sole discretion. If the potential Winning School Prize does not execute and return all such documentation within the required timeframe, the Grand Prize will be forfeited and the Sponsor may, in its sole discretion, select another Winning School. Upon receipt of all required documentation and verification that the potential Winning School meets the Contest eligibility requirements, the Sponsor will announce the Grand Prize Winning School on the Contest Website on or about November 24, 2008.
X. GRAND PRIZE
The Grand Prize Winning School will receive:
(a) A HSM3 themed Pep Rally at the Winning School for the school’s student body. Such Pep Rally will include a performance from Natasha Bedingfield featuring special guests, Menudo (the “Artists”). Performing Artists are subject to change in Sponsor’s sole discretion.
(b) A senior class Disney Grad Nite experience including a trip to either the WALT DISNEY WORLD® Resort or DISNEYLAND® Resort, in Sponsor’s sole discretion. Disney Grad Nite will be limited to up to 300 students of the Winning School who are enrolled in the 12th grade for the 2008-2009 school year and 30 chaperones. Participation will be subject to parental written consent.
Pep Rally: The Pep Rally shall consist of: (a) an appearance by the Artists at the Winning School where such Artists will each perform a minimum of 1 song for the student body of the Winning School. The Pep Rally shall take place at the Winning School sometime in the 2008/2009 school year on a day and time that is mutually agreeable to the Winning School and Sponsor. However, the date and time will be ultimately determined by the Sponsor and if a mutually agreeable date and time cannot be agreed upon, then the Winning School will forfeit its right to the Pep Rally. Pep Rally will also be subject to the Winning School’s official acceptance and Sponsor’s determination that the Winning School can accommodate the Pep Rally (including any necessary security arrangements) or the Winning School and Sponsor can make mutually agreeable arrangements for hosting the Pep Rally. Attendees at the Pep Rally (or the parents or legal guardians of minors) may be required to execute and return a Liability Release/Publicity Release prior to attendance at the Pep Rally. The Approximate Retail Value (“ARV”) of the Pep Rally is $20,000.
Disney Grad Nite: Up to 330 Disney Grad Nite packages consisting of one (1), three (3) day/two (2) night vacation for up to 300 high school graduating seniors and up to 30 adult chaperones from the Winning School (“Disney Grad Nite Prize Recipients”) to either the WALT DISNEY WORLD® Resort or the DISNEYLAND® Resort. The resort location will be determined in Sponsor’s sole discretion. Chaperones must be at least 25 years of age. The Winning School will be solely responsible for supervising the recipients who are minors for the entire period of the vacation, including all travel to and from the vacation destinations and neither Sponsor, Administrator, Disney Parks, nor MySpace will have any responsibility for the Disney Grad Nite Prize Recipients other than the delivery of the Disney Grad Nite Prize. Each Disney Grad Nite Prize Recipient will receive an IRS form 1099 for the actual value of the prize and is solely responsible for taxes on prize, if any.
The WALT DISNEY WORLD® RESORT GRAD NITE package would include: (a) roundtrip (coach) air transportation from a major airport nearest Winning School to Orlando International Airport (on an “if-used” basis); (b) hotel accommodations (one standard room/quad occupancy for students and one standard room/double occupancy for chaperones) for two (2) nights in a Disney Value resort (or equivalent) at WALT DISNEY WORLD® Resort (hotel to be determined by Sponsor) (on an “if-used” basis); (c) motor coach transportation from Orlando International Airport to the WALT DISNEY WORLD® Resort and return service to the airport; (d) two (2), 1-day MAGIC YOUR WAY tickets with PARK HOPPER® option per person for admission to the four WALT DISNEY WORLD® Resort Theme Parks; (e) one Disney Gift Card per person, with a value of $140.00 (up to 330 total cards); (f) one admission ticket to Disney Grad Nite event on or about the night of April 18, 2009 (up to 330 total tickets); (g) one meal voucher per person, with a value of $13.00 per voucher (up to 330 total vouchers) for one meal at select food service locations at Disney Grad Nite event (voucher must be used during the Disney Grad Nite event and will expire if not used); and (h) transportation from student’s Disney Resort hotel to Disney Grad Nite event and return to the hotel following the event. The ARV of each WALT DISNEY WORLD® RESORT GRAD NITE package is $888.00. The ARV of all the WALT DISNEY WORLD® RESORT GRAD NITE packages is up to $293,040.00 based on point of departure, travel dates and fair market value at time of purchase and all 330 Grad Nite packages being fulfilled.
The DISNEYLAND® RESORT GRAD NITE package would include (a) roundtrip (coach) air transportation from a major airport nearest the Winning School to a Southern California airport as chosen by the Sponsor (on an “if-used” basis), (b) hotel accommodations (one standard room/quad occupancy for students and one standard room/double occupancy for chaperones) for two (2) nights in a DISNEYLAND® Resort Hotel (or a local hotel; hotel to be determined by Sponsor) (on an “if-used” basis); (c) motor coach transportation from the applicable Southern California airport to the DISNEYLAND® Resort and return service to the airport; (d) one 2-Day PARK HOPPER® ticket per person for admission to the DISNEYLAND® Resort Theme Parks; (e) one Disney Gift Card per person, with a value of $140.00 (up to 330 total cards); (f) one admission ticket per person to Disney Grad Nite and Blast Off event on or about the night of May 14, 2009 (up to 330 total tickets); (g) a $15.00 Disney Gift Card (one per person; up to 330 total cards) for one meal at select food service locations at Disney Grad Nite event; and (h) transportation from local hotel, if applicable, to the DISNEYLAND® Resort, and return to the hotel following the Disney Grad Nite event (no such transportation will be provided if the hotel stay occurs at a DISNEYLAND® Resort hotel). The ARV of each DISNEYLAND® RESORT GRAD NITE package is $900.00. The ARV of all DISNEYLAND® RESORT GRAD NITE packages is $297,120.00 based on point of departure, travel dates and fair market value at time of purchase and all 330 Grad Nite packages being fulfilled.
The WALT DISNEY WORLD® GRAD NITE package must be taken April 17–19, 2009 or the prize will be forfeited. The DISNEYLAND® RESORT GRAD NITE package must be taken on May 13-15, 2009 or May 14-16, 2009 or the prize will be forfeited. If Winning School resides within a 500-mile radius of the WALT DISNEY WORLD® Resort or the DISNEYLAND® Resort, ground transportation may be provided in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. Dependent on flight schedules, winners and chaperones may be separated and traveling on different itineraries and are responsible for obtaining all required travel documents. Each person will be required to execute and return a Liability Release/Publicity Release prior to issuance of the travel documents. If a minor, the documents must be signed by the parent or legal guardian. All costs and expenses not specified herein are the sole responsibility of the winner, including, without limitation, meals, travel insurance, room service, laundry service, spa treatments, alcoholic beverages, local and long distance telephone calls, merchandise and souvenirs, incidental expenses, additional tips and gratuities, income taxes and all other costs and expenses not otherwise mentioned herein. Travel arrangements must be made through Sponsor’s designee, on a carrier of Sponsor’s choice at least one (1) month prior to departure. In addition, the students and their chaperones are responsible for obtaining travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Travel and lodging are subject to availability and restrictions. Certain travel restrictions and blackout dates may apply which may affect travel dates. Airline carrier’s regulations and conditions apply. Tickets are subject to certain terms and conditions. Gift cards are subject to certain terms and conditions as specified by issuer. All Disney Grad Nite rules and regulations apply including, but not limited to, conduct and dress code and class restrictions. Packages or any of the above listed components may not be sold, traded, transferred, refunded, commissioned or redeemed for cash value. Package elements may not be substituted except at the sole discretion of the Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. Packages are non-commissionable. Sponsor is not responsible for any delays or cancellations out of its control.
The specific elements of the Grand Prize awarded are subject to the Winning School’s policies and regulations and Sponsor is not be responsible for non-fulfillment of any element of the Grand Prize due to a Winnning School’s rejection or restriction of the same. The Sponsor reserves the right, in its absolute discretion, to make substitutions of equivalent kind or value to the Grand Prize, or portion of the Grand Prize, in the event of unavailability of all or part of any of the Grand Prize, including performing Artists, or for any reason whatsoever, but is not required to do so. Should the Winning School have over 300 eligible students in the graduating senior class, then it is the Winning School’s decision to determine who will go on the Disney Grad Nite trip. The Principal or another authorized School designee will also determine the chaperones going on the Disney Grad Nite trip. A Disney Grad Nite Prize Recipient will not be permitted to participate in the Disney Grad Nite if s/he fails to (i) execute (and have his or her parent execute if a student) and return an Affidavit of Eligibility/Liability/Publicity Release within the time period specified by the Sponsor, (ii) accept the Prize within the time period specified by Sponsor in its sole discretion upon notification; (iii) be available to travel on the dates and times specified by Sponsor, or (iv) any other non-compliance with the Official Rules or instructions of Sponsor. The Sponsor will not be required to award any forfeited or unfulfilled Prize. Upon receipt of the Grand Prize or any portion thereof, Disney Grad Nite Prize Recipients and the Winning School, as applicable, are required to comply with any and all applicable federal, state and local laws, rules and regulations in addition to any federal, state and local taxes which may become due with respect to the Grand Prize.
XI. LICENSE TO USE SCHOOL SUBMISSIONS AND DOCUMENT WINNING SCHOOL
By participating in the Contest, you grant the Sponsor and MySpace, without the requirement of any further permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, and create derivative works based upon and publicly perform any part of your MySpace Profile or any School Submissions as they appear or are submitted at any time during the Contest Period, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including, without limitation, for use in connection with or promotion of the Contest Website, the Film, the Contest or otherwise, all without further notice to you and with or without attribution. Without limiting the generality of the foregoing, the Sponsor and MySpace may post your MySpace Profile, or any part thereof, and any School Submissions submitted by you, on the Contest Website, including the Contest Website’s home page, but have no obligation to do so. The Sponsor may assign all rights or licenses granted by you hereunder to any party at the Sponsor’s sole discretion. By participating in the Contest, you agree that the Sponsor may film your participation in any portion of the Grand Prize and use such footage and your name, voice, likeness, image or biographical data otherwise obtained and any other materials or information provided by you in any media or format now known or hereafter devised, including the internet, for any purpose related to the Film, including, without limitation, in connection with the Contest, on the Contest Website and in the advertisement, promotion or marketing of the Contest, the Contest Website, or the Film, but has no obligation to do so.
XII. GENERAL CONDITIONS
By participating in the Contest, participants agree to be bound by these Official Rules and by decisions of the Sponsor, Administrator or MySpace, as applicable, which are final as to all Contest-related matters. In the event there are any inconsistencies between MySpace’s Terms and the Official Rules, the Official Rules will apply to all aspects of this Contest. All legal responsibilities of a minor under the Official Rules will be assumed by the parent or legal guardian. The Sponsor, Administrator and MySpace are not responsible for and are not liable for: (i) lost, late, incomplete, invalid, un-intelligible or misdirected submissions; (ii) any failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software; (iii) any condition caused by events beyond the Sponsor’s and the Contest Website’s control that may cause the Contest to be disrupted, corrupted or terminated; (iv) any printing or typographical errors in any materials associated with the Contest; (v) any incorrect or inaccurate entry information whether caused by you or any equipment or matter under the Sponsor’s or the Contest Website’s control; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; (vii) any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure; or (viii) any injury or damage to participants’ or any other persons’ computer related to or resulting from participation in or downloading or uploading any materials from the Contest. The Sponsor, Administrator and MySpace reserve the right to disqualify, in their sole discretion, any person tampering with the entry process, the operation of the systems required to conduct the Contest or operate the Contest Website, or who is otherwise in violation of these Official Rules of any school in the event participants earning points on behalf of that school are found to be tampering in any way with the fair or proper conduct of the Contest. The Sponsor, Administrator and MySpace reserve the right, in their sole discretion, to cancel, terminate, modify, or suspend this Contest should they determine, that any virus, bug, non-authorized human intervention or other causes beyond their control, or otherwise, corrupt or affect the administration, security, fairness or proper conduct of the Contest.
Disputes/Release: By participating in the Contest and accepting any portion of the Grand Prize that a school may win, participants agree to release the Sponsor, anyone associated with the Film, Administrator, MySpace, and their respective parents, subsidiaries, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, whether for legal or equitable (including injunctive) relief, from participation in the Contest and/or acceptance or use of the Grand Prize, or any portion thereof. All issues concerning the construction, validity, interpretation and enforceability of these Official Rules, and the rights and obligations of the participants, shall be determined by the Sponsor in its sole discretion and will be governed by California law without regard to any conflict of laws principles that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Contest shall take place exclusively in the federal or state courts sitting in Los Angeles, California, and each participant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each participant agrees to service of process by mail or other method acceptable under the laws of the State of California. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS BUT IN NO EVENT SHALL BE MORE THAN $10 AND PARTICIPANTS HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. Any and all disputes, claims, and causes of action arising out of or in connection with this Contest shall be resolved individually, without resort to any form of class action. Void where prohibited by law. The Sponsor, Administrator and MySpace or any person or entity affiliated with them, do not make any representation, warranty or guarantee, express or implied, relating to the Contest. You hereby agree to indemnify and hold harmless the Released Parties and any person or entity affiliated with the Contest from any claim, liability, injury, damage or other loss arising out of or related to your participation in the Contest, including without limitation any Entries submitted, any failure on your part to fully comply with these Official Rules, and any acceptance, use or misuse of any portion of the Grand Prize.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND SPONSOR, ADMINISTRATOR AND MYSPACE RESERVE THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
XIII WINNER’S LIST
The Official Rules or name of the Grand Prize Winning School available on or after November 24, 2008, will be provided upon request by sending a written request and a stamped, self-addressed envelope to the Administrator at: Pop2Life, Inc., The HSM3 School Spirit Contest, Winner/Rules (specify which), 247 Centre Street, 6th Floor, New York, NY 10013. (Vermont residents need not include return postage for request for rules).
XIV. PRIVACY POLICY
Any personal information supplied by you to MySpace will be subject to MySpace’s privacy policy posted at http://www.myspace.com/index.cfm?fuseaction=misc.privacy. Unless prohibited by MySpace’s privacy policy or by law, by participating in the Contest, you grant MySpace permission to share your email address and any other personally identifiable information with Sponsor, Administrator and their agents, employees and subcontractors for the purpose of Contest administration and prize fulfillment only. MySpace will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as explicitly described herein.