My Take Winter Kitchen Contest Official Rules

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NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.

A PURCHASE WILL NOT IMPROVE ONE’S CHANCES OF WINNING.

 VOID WHERE PROHIBITED.

1.   SPONSOR:  Disney Interactive Media Group, 500 South Buena Vista Street, Burbank, CA 91521 ("Sponsor").

2.   BRIEF OVERVIEW OF CONTEST: This is a Contest to be conducted during the period commencing at 12:01 AM, February 6, 2014 and ending at 11:59:59 PM, March 18, 2014 (“Entry Period”), for you as a Contestant to compete for one (1) Grand Prize by submitting your entry via the Internet at Spoonful.com (“Website”), consisting of the following elements: [1] a recipe photo depicting your version of the recipe (“Photo”) you have taken as the photographer.  Please do not include people in your recipe photograph; [2] Enter required fields in English in the My Take form (title, description, ingredients, steps, and tip); [3] Photo must be a maximum file size of 4 MB and [4] Photo must be in one of the following file formats: jpg or png (collectively, “Submission”).  One (1) Grand Prize Winner will be selected by a panel of judges consisting of Sponsor’s Editorial Staff (“Panel”) from all valid entries received during the Entry Period by applying the following criteria:  sixty percent (60%) for creativity; thirty percent (30%) for likely appeal to other users; and, ten percent (10%) for quality of photo (collectively “Criteria”). For purposes of these official Rules all times are Pacific Time. Sponsor’s computer is the official time keeping device for this Contest.  The awarding of the prize is subject to the eligibility and forfeiture provisions set forth below.

3.   ELIGIBILITY:  To be eligible for this Contest, at the time of entering you must be:  [1] a natural person legally residing in, and physically located within, one of the 50 United States or the District of Columbia         (collectively, “Territory”); [2] not a minor (as defined by state of primary residence, “Minor”); [3] a registered member of the Website’s terms of use agreement (“TOU”); [4] not an employee of Sponsor; their respective parent, subsidiary, affiliated or successor companies; the advertising, promotional or fulfillment agencies of any of them (individually and collectively, “Entities”); nor a member of such employee’s household or immediate family and [5] consenting to have your Submission featured, for any and all purposes and uses, in all media, worldwide, in perpetuity, without compensation, except where prohibited by law.  “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. 

4.   ENTRY SPECIFICATIONS:  During the Entry Period, you may enter the Contest by visiting the Website, agreeing to the Rules and TOU, complying with the Submission Guidelines posted on the Website (“Guidelines”), following the entry instructions to submit your Submission (“Instructions”) and clicking on the “What’s Your Take” button (collectively, “Entry”). Normal Internet access and usage charges imposed by your online service will apply. It is your sole responsibility to notify the Sponsor in writing if you change your email address (“Address”).

5.   CONTEST MATERIALS:  "Materials" include:  [1] all information and material submitted by you in connection with the Contest, including the Entry and all other forms, contracts or releases required to be submitted by you as a Contestant, whether required by Sponsor prior to or after Entry; [2] your name,  likeness, image and biographical data as contained in or reflected by the Entry and [3] all photographs, artwork, writings, statements, dramatic materials, ideas, quotations and any other intellectual properties created by you in connection with the Contest, whether submitted to the Sponsor or not, including the Entry.  All material owned by the Sponsor or the Sponsor’s affiliated companies, including but not limited to any picture, logo, title art, etc., shall remain their property and you shall acquire no rights therein by virtue of the Contest.  Except as specifically provided herein, by entering the Contest, you hereby grant to Sponsor a non-exclusive, irrevocable, royalty-free, sublicenseable  and transferable worldwide license to use, re-use, reproduce, transmit, display, distribute, re-distribute, copy, store, modify, adapt, translate, create derivative works based upon and publicly perform the contents of the Materials, in whole or in part, in all media, formats and channels now known or hereafter devised, for the duration of the rights in each country, area and space, and throughout the universe, in perpetuity and in all languages, formats and versions.

6.   LIMITATIONS:  By submitting the Materials in the Contest, you represent and warrant to Sponsor that the Materials and everything depicted therein: [1] are in compliance with the Guidelines and Instructions; [2] are original with you and do not originate from a magazine, newspaper or other commercial or proprietary source; [3] do not infringe upon or otherwise violate any right of any person, firm or entity; [4] do comply with the TOU and the Rules; [5] do not contain any trademarks, logos, insignia, location signage, names, photographs, images published on or in websites, television, movies or other media, artwork or sculptures or other material (e.g., on props, costumes, background) that infringe upon any third party’s copyrights or trademarks; [6] have not previously been submitted in a contest of any kind or exhibited or displayed publicly through any means, and [7] do not contain material which is objectionable or unlawful as determined by Sponsor in its sole discretion.

You further represent and warrant to Sponsor that: [1] you have all rights, licenses, permissions and consents necessary to submit the Materials in accordance with the Rules; [2] no person or entity other than you  has any right, title or interest in and to any part of the Materials and [3] you are not subject to any agreement or arrangement that would interfere with your entering this Contest and granting all the rights granted hereunder or that would conflict with any other documentation required hereunder. Sponsor may, in its sole discretion, disqualify any Entrant and remove any of his/her Entry (ies) that Sponsor deems to be in violation of these Limitations at any time.

Limit of two (2) Entries per person/Address (regardless of whether one person has more than one Address or more than one person use the same Address) per day. 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 Address is registered.  Entries by any method other than set forth above in Section 5 are void.  Neither the Sponsor, nor any of its officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releasees”) are responsible for Entries from persons residing, or physically located, outside the Territory; or Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, illegible, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or 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 your 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; and any Contestant who attempts to enter with multiple Addresses or under multiple identities will be disqualified.   Sponsor is not obligated to communicate with any Contestant during the duration of the Contest. Void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations.   Please review these Rules and the TOU carefully; however, in the event of a conflict between these Rules and the TOU, these Rules will control.    

7.   PRIZE:  ONE (1) GRAND PRIZE:  A $300 Disney Gift Card (approximate retail value [“ARV”]:  $300) and Disney kitchen items which include one [1] Mickey Mouse Icon Metal Bowl, one [1] Mickey Mouse Mixing Bowl Set, one [1] Mickey Mouse Apron, one [1] Mickey Mouse Cookie Cutter Set, one [1] Best of Mickey Mouse Measuring Spoon Set, one [1] Mickey Mouse Kitchen Towels (set of 3), one [1] Mickey Mouse Oven Glove, and one [1] Minnie Mouse Oven Mitt .  Total ARV of all prizes: $433.65. Limit of one prize per person/Address. All terms and conditions of the Gift Card apply.  All expenses not specifically mentioned herein are not included and are solely the winner’s responsibility. 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.  Sponsor will not replace any lost, mutilated or stolen Cards.       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 April 4, 2014, after which no alternate winners will be selected, nor unclaimed prizes awarded. 

8.   DETERMINATION OF WINNER: On or about March 24, 2014, all eligible Entries will be judged by the Panel applying the Criteria to determine the potential Grand Prize Winner.  All decisions of the Panel are final.

9.   WINNER: The potential winner will be notified via email on or about March 25, 2014. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] a potential winner’s failure to respond to notification within five (5) days after its mailing/transmission; [2] the return of an email notification as undeliverable after three (3) attempts; [3] the return of any prize as undeliverable;  [4] a potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; [5] a potential winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within five (5) days from date of mailing, if requested;  [6] a potential winner’s failure to validly claim any prize within ten (10) days after it is sent; [7] a potential winner’s failure to validly claim any prize by May 30, 2014 and  [8] 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. All taxes are solely the responsibility of each winner.  On or about April 8, 2014, the winners will be announced on the Website.

10.   PRIVACY POLICY/DATA COLLECTION:  Information provided by you for this Contest is subject to Sponsor’s privacy policy located at http://disneyprivacycenter.com/

11.   CONDITIONS: By entering this Contest and/or accepting the prize, you agree that: [1] you will be bound by the Rules, TOU and Sponsor’s decisions, which shall be final in all respects; [2] the Entry will not be acknowledged or returned;   [3] 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 Entry, selection or use of the Entry or from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize; participation in this Contest or in  any  Contest-related activity or travel or from any interaction with, or downloading of, computer Contest information; [4] the Releasees do not make any representation, warranty or guarantee, express or implied, relating to the Contest or prizes; [5] 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 Contest for any programming,  publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [6] 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 Contest, 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 Contest; and in such event, to select  winners by such method as Sponsor in its sole discretion shall consider equitable; [7] the Releasees are not responsible for typographical or other errors in the offer or administration of the Contest, including but not limited to: errors in the advertising, Rules, selection and announcement of the winners and distribution of the prizes; [8] any portion of any prize not accepted or used will be forfeited; [9] the Releasees are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason; [10] Sponsor has the right to modify prize award procedures at its sole discretion; [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 Contest 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 Contest 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 a Contestant whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter the Contest; [13] since any attempt by any individual to damage the Website or undermine the legitimate operation of this Contest 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 Contest, 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, and  [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.

12.   RULES & WINNERS’ LISTS:   For names of winners (after April 8, 2014 and before July 30, 2014) and/or Rules (before March 18, 2014), send a self-addressed, stamped envelope to: Spoonful.com’s My Take Winter Kitchen Contest, 500 South Buena Vista St., Burbank, CA 91521, designating either winners or Rules. The winners' names will also be posted on the Website on or about April 8, 2014.

 

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