OFFICIAL RULES Walt Disney World Resort Vacation 2018 Contest Rules

Transcription

1 OFFICIAL RULES Walt Disney World Resort Vacation 2018 Contest Rules 1. HOW TO ENTER: ELIGIBLE PARTICIPANTS ARE BEING GIVEN THE CHANCE TO ENTER THE WBLS WALT DISNEY WORLD RESORT VACATION CONTEST (THE CONTEST ) STARTING FRIDAY, MARCH 08, 2018 AT 12:00 AM ET AND ENDING FRIDAY, MARCH 30, 2018 AT 11:59 PM ET (THE CONTEST PERIOD ). DURING THE CONTEST PERIOD, WBLS LISTENERS CAN ENTER BY GOING TO WBLS.COM AND FOLLOWING THE ENTRY INSTRUCTIONS (THE ENTRY ) FOR THE CHANCE TO BE THE GRAND PRIZE WINNER OF A FOUR (4) NIGHT FIVE (5) DAY STAY AT THE WALT DISNEY WORLD RESORT. a. THE SPONSOR OF THIS CONTEST IS EMMIS RADIO, LLC d/b/a WBLS-FM ( WBLS OR SPONSOR ). THE SPONSOR S CONTACT INFORMATION IS: EMMIS RADIO, LLC, 395 HUDSON STREET, 7TH FLOOR, NEW YORK, NY THIS CONTEST IS GOVERNED BY THESE OFFICIAL CONTEST RULES ( RULES ), AS WELL AS BY SPONSOR S GENERAL CONTEST RULES ( GENERAL RULES ). IN THE EVENT THERE IS A DISCREPANCY OR INCONSISTENCY BETWEEN THESE RULES AND THE GENERAL RULES, THESE RULES SHALL GOVERN. ANY INDIVIDUAL WHO ENTERS, ATTEMPTS TO ENTER OR IN ANY WAY PARTICIPATES OR ATTEMPTS TO PARTICIPATE IN THE CONTEST ( PARTICIPANT ) AGREES TO BE BOUND BY THE TERMS AND CONDITIONS PROVIDED IN THESE RULES AND TO THE EXTENT APPLICABLE THE GENERAL RULES, AS WELL AS BY ALL INTERPRETATIONS OF THESE RULES BY SPONSOR AND BY ALL OTHER DECISIONS OF SPONSOR WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATING TO THE CONTEST. b. TO BE VALID, ENTRIES MUST INCLUDE: YOUR NAME, ADDRESS, DAYTIME AND EVENING NUMBERS, AND ADDRESS. NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL PARTICIPANTS MUST ACCURATELY COMPLETE ALL REQUIRED FIELDS OR ENTRY WILL BE DEEMED INVALID. IN ORDER TO PARTICIPATE YOU WILL NEED INTERNET ACCESS AND A VALID ADDRESS. LIMIT ONE ENTRY PER PERSON. PARTICIPATION IN THIS CONTEST IS VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. c. SPONSOR RESERVES THE RIGHT TO CANCEL, TERMINATE, MODIFY OR SUSPEND THE CONTEST IF IT IS NOT CAPABLE OF BEING COMPLETED AS PLANNED FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, INFECTION BY COMPUTER VIRUS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, OR TECHNICAL FAILURES OF ANY KIND OR ANY OTHER CAUSES WHICH CORRUPT OR AFFECT THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY, OR PROPER CONDUCT OF ANY SUCH CONTEST. THE DECISION OF ANY SPONSOR TO CANCEL, TERMINATE, MODIFY OR SUSPEND ANY CONTEST SHALL BE FINAL IN ALL RESPECTS. 2. WINNER SELECTION: ONE (1) GRAND PRIZE WINNER, RANDOMLY CHOSEN FROM ALL ELIGIBLE ENTRIES RECEIVED DURING THE CONTEST PERIOD WILL WIN A FOUR (4) NIGHT FIVE (5) DAY STAY AT WALT DISNEY WORLD RESORT (THE HOTEL ) FOR FOUR PEOPLE. THE GRAND PRIZE WINNER WILL BE CONTACTED BY SPONSOR BY TELEPHONE ON OR ABOUT APRIL 12, 2018.

2 3. PRIZES: THE GRAND PRIZE WINNER WILL WIN A TRIP FOR FOUR (4) PEOPLE, INCLUDING A FOUR (4) NIGHT FIVE (5) DAY STAY AT WALT DISNEY WORLD RESORT, ROUNDTRIP AIRFARE FOR FOUR (4) PEOPLE BETWEEN A MAJOR GATEWAY CLOSEST TO THE WINNER S RESIDENCE AND ORLANDO INTERNATIONAL AIRPORT (PROVIDED, HOWEVER, IF WINNER RESIDES WITHIN 250 MILES OF THE WALT DISNEY WORLD RESORT, AIR FARE WILL NOT BE PROVIDED), FOUR (4) ROUNDTRIP GROUND TRANSPORTATION BETWEEN ORLANDO INTERNATIONAL AIRPORT AND THE HOTEL VIA DISNEY MAGICAL EXPRESS SERVICE, ONE (1) STANDARD ROOM ACCOMMODATION FOR A MAXIMUM OF FOUR (4) PERSONS (BASED ON AVAILABILITY), AND FOUR (4) FIVE (5)-DAY MAGIC YOUR WAY TICKETS WITH PARK HOPPER OPTION. ANY AND ALL OTHER COSTS, GRATUITIES, INCIDENTAL EXPENSES, SERVICE CHARGES, ROOM CHARGES, AND ANY OTHER EXPENSES OF ANY KIND THAT ARE NOT SPECIFICALLY INCLUDED HEREIN ARE NOT A PART OF THE PRIZE AWARDED IN THE CONTEST. (THE FOLLOWING IS A LIST OF EXAMPLES OF EXCLUDED FEES, COSTS, CHARGES AND/OR EXPENSES (BUT THIS LIST IS NOT AN EXHAUSTIVE OR COMPLETE LIST OF EXCLUSIONS): TRANSPORTATION BETWEEN WINNER S HOME AND THE DEPARTURE AIRPORT, EXCURSIONS, BAGGAGE FEES, TRAVEL INSURANCE, SPA TREATMENT, FOOD AND DRINK, LOCAL AND LONG DISTANCE CALLS, INTERNET, INCIDENTIAL EXPENSES, ADDITIONAL TIPS AND GRATUITIES NOT SPECIFICALLY SET FORTH, INCOME AND OTHER TAXES, AND ALL OTHER COSTS AND EXPENSES NOT OTHERWISE MENTIONED HEREIN, LAUNDRY, GRATUITIES, SERVICE CHARGES, MERCHANDISE, SOUVENIRS, TAXES, INCIDENTALS AND ALL OTHER EXPENSES NOT MENTIONED ABOVE). a. DEPARTURE DATE AND ACCOMODATIONS ARE SUBJECT TO AVAILABILITY AND CERTAIN RESTRICTIONS/BLOCK-OUT DATES MAY APPLY. VACATION MUST BE TAKEN BETWEEN MARCH 01, 2018 AND MARCH 01, b. THE ESTIMATED RETAIL VALUE OF THE GRAND PRIZE IS FOUR THOUSAND EIGHT HUNDRED NINETY FIVE DOLLARS AND SEVENTY TWO CENTS ($4,895.72). c. IF THE WINNER CANNOT TAKE THE TRIP WHEN SPECIFIED, THE PRIZE WILL BE AUTOMATICALLY FORFEITED AND AN ALTERNATE WINNER WILL BE SELECTED BY THE SPONSOR. THE TRIP CAN NOT BE SUBSTITUTED FOR THE CASH VALUE. d. SPONSOR IS NOT RESPONSIBLE FOR CANCELLATIONS OR DELAYS IN TRAVEL ACCOMMODATIONS AND HAS NO OBLIGATION TO REIMBURSE, REFUND OR OTHERWISE SUBSTITUTE ANY TICKETS AWARDED AS A PART OF A TRAVEL PRIZE DUE TO SUCH CANCELLATIONS OR DELAYS. e. MINORS UNDER THE AGE OF 18 NOT TRAVELING WITH A PARENT OR LEGAL GUARDIAN MUST BE ACCOMPANIED BY AN ADULT OVER THE AGE OF 21 IN THE SAME STANDARD ROOM. THE PARENT OR GUARDIAN OF ANY MINOR NOT TRAVELLING WITH A PARENT OR GUARDIAN MUST APPOINT AN ADULT TO HAVE CUSTODY AND CONTROL OVER THEIR MINOR. f. EMMIS RADIO, LLC, DISNEY DESTINATIONS LLC, AND EACH OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES ARE NOT RESPONSIBLE FOR AND ASSUME NO LIABILITY IN ASSOCIATION WITH THE PROMOTION INCLUDING BUT NOT LIMITED TO FLIGHT CANCELLATIONS, DEPARTURE DELAYS, ROUTE CHANGES, OR ANY OTHER ASPECT OF THIS PROMOTION AND HAS NO OBLIGATION TO REIMBURSE, REFUND OR OTHERWISE SUBSTITUTE ANY TICKETS AWARDED AS A PART OF A TRAVEL PRIZE DUE TO SUCH CANCELLATIONS OR DELAYS. IN ADDITION ALL PARTIES SHALL BE RELEASED AND DISCHARGED FROM ANY AND ALL LEGAL CLAIMS,

3 LOSSES, INJURIES, DEMANDS, DAMAGES, ACTIONS, AND OR CAUSES OF ACTIONS WHICH ARISE OUT OF AND/OR IN ANY WAY RELATED TO THE PRIZE, THE RECEIPT, USE AND/OR ENJOYMENT OF THE PRIZE AND/OR THE PROMOTION. c. TAXES: PRIZES ARE SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS ONCE THE PRIZE IS ASSUMED BY THE WINNER, REGARDLESS OF USE. THEREFORE THE PAYMENT OF ALL FEDERAL, STATE AND LOCAL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER. ANY PERSON WINNING OVER SIX HUNDRED DOLLARS ($600) IN PRIZES DURING ANY ONE YEAR PERIOD WILL RECEIVE AN IRS FORM 1099 AT THE END OF THE CALENDAR YEAR, AND A COPY OF SUCH FORM WILL BE FILED WITH THE IRS. 4. ELIGIBILITY: THE CONTEST IS OPEN TO THE LEGAL UNITED STATES RESIDENTS OF THE STATES OF NEW YORK, NEW JERSEY AND CONNECTICUT WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY, UNLESS OTHERWISE SPECIFIED OR STIPULATED BY SPONSOR OR THE MANAGEMENT OF WBLS. a. THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS OF THE SPONSOR AND ANY ENTITY INVOLVED IN THE SPONSORSHIP, DEVELOPMENT, PRODUCTION, IMPLEMENTATION AND DISTRIBUTION OF ANY CONTEST AS WELL AS THEIR RESPECTIVE PARENTS, AFFILIATES, DIVISIONS, SUBSIDIARIES AND SUCCESSOR COMPANIES (COLLECTIVELY THE CONTEST ENTITIES ), AND THEIR IMMEDIATE FAMILY MEMBERS (AND THOSE LIVING IN THE SAME HOUSEHOLD, WHETHER OR NOT RELATED), ARE PROHIBITED FROM PARTICIPATING IN ANY CONTEST AND DO NOT QUALIFY AS PARTICIPANTS. IMMEDIATE FAMILY MEMBERS SHALL INCLUDE SPOUSES, SIBLINGS, PARENTS, CHILDREN, GRANDPARENTS, AND GRANDCHILDREN, WHETHER AS IN-LAWS, OR BY CURRENT OR PAST MARRIAGE, REMARRIAGE, ADOPTION, CO-HABITATION OR OTHER FAMILIAL EXTENSION. b. PARTICIPANTS WHO HAVE WON A WBLS CONTEST IN THE LAST NINETY (90) DAYS OR WHO HAVE WON PRIZES VALUED OVER SIX HUNDRED DOLLARS ($600) IN THE LAST TWELVE (12) MONTHS ARE INELIGIBLE. THERE SHALL ONLY BE ONE WBLS CONTEST WINNER PER HOUSEHOLD FOR THE APPLICABLE NINETY (90) DAYS OR TWELVE (12) MONTHS PERIOD. 5. HOW TO CLAIM A PRIZE: THE GRAND PRIZE WINNER MUST PICK UP HIS/HER PRIZE WITHIN THIRTY (30) DAYS AT WBLS s BUSINESS OFFICE LOCATED AT 395 HUDSON ST., 7 th FLOOR, NEW YORK, NY 10014, MONDAY-THURSDAY 10AM TO 5PM ET. WINNER WILL INITIALLY BE SENT THE REQUIRED RELEASES AND PRIZE CLAIM FORMS ALONG WITH A RETURN, PRE-PAID OVERNIGHT DELIVERY AIR BILL, AS WELL ADULT TRAVEL COMPANIONS MUST SIGN PUBLICITY AND LIABILITY RELEASE FORMS. ADDITIONALLY, IN THE EVENT THE PRIZE IS MAILED TO THE WINNER, THE WINNER ASSUMES THE RISK OF THE PRIZE'S SAFE ARRIVAL. a. PRIZE WINNER WILL BE REQUIRED TO PRESENT A VALID CREDIT CARD WHEN CHECKING ONTO THE HOTEL. CREDIT CARD IS FOR ROOM SERVICE, ALL INCIDENTALS, USE OF THE TELEPHONE, PAY-PER-VIEW, MINI-BAR, ETC. b. TO CLAIM THE GRAND PRIZE FROM WBLS, YOU MUST HAVE A VALID SOCIAL SECURITY NUMBER, GOVERNMENT ISSUED PHOTO I.D. AND BE A RESIDENT OF THE NEW YORK METRO TRI-STATE AREA (NEW YORK, NEW JERSEY OR CONNECTICUT). c. WINNER AND TRAVEL COMPANIONS AGREE THAT SPONSOR, DISNEY DESTINATIONS LLC, THEIR PARENTS, SUBSIDIARIES, AGENTS, AFFILIATES,

4 REPRESENTATIVES, EMPLOYEES, OFFICERS AND DIRECTORS SHALL HAVE NO LIABILITY IN CONNECTION WITH ACCEPTANCE OR USE OF THEIR PRIZE. d. NO SUBSTITUTE OR DUPLICATE PRIZES WILL BE AWARDED. PRIZES ARE NOT TRANSFERABLE, REDEEMABLE/REFUNDABLE FOR CASH NOR CAN THEY BE SOLD, TRADED OR RESCHEDULED TO DATES NOT WITHIN THE FULFILLMENT PERIOD SET FORTH HEREIN. e. THE WINNER WILL FORFEIT TRIP IF WINNER AND ADULT TRAVEL COMPANIONS PUBLICITY AND LIABILITY RELEASE FORMS ARE NOT RETURNED AND A VALID AND CURRENT PHOTO IDENTIFICATION IS NOT PRESENTED TO THE WBLS PROMOTIONS DEPARTMENT UPON RETRIEVAL OF THEIR PRIZE. 6. RULES CHANGES AND INTERPRETATIONS: THE SPONSOR RESERVES THE RIGHT IN THEIR SOLE DISCRETION TO SUPPLEMENT OR MAKE CHANGES TO THESE RULES AS WELL AS THE RULES OF ANY CONTEST AT ANY TIME WITHOUT NOTICE. ADDITIONAL WAYS TO ENTER THE CONTEST MAY BE ANNOUNCED ON-AIR BY WBLS, POSTED ON WBLS.COM AND DETAILED IN THE OFFICIAL REVISED RULES. SPONSOR RESERVES THE RIGHT TO CANCEL, TERMINATE OR SUSPEND THE PROMOTION IF THE PROMOTION IS NOT CAPABLE OF BEING COMPLETED AS PLANNED FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, INFECTION BY COMPUTER VIRUS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, OR TECHNICAL FAILURES OF ANY KIND OR ANY OTHER CAUSES WHICH CORRUPT THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY, OR PROPER CONDUCT OF THE PROMOTION. THE DECISION OF SPONSOR TO CANCEL, TERMINATE, SUSPEND OR MODIFY THE PROMOTION SHALL BE FINAL IN ALL RESPECTS. 7. GENERAL RULES/WINNERS LIST: OFFICIAL RULES FOR THIS PROMOTION ARE AVAILABLE FOR INSPECTION AT THE WBLS OFFICES, 395 HUDSON STREET, 7TH FLOOR, NEW YORK, NY 10014, MONDAY THROUGH THURSDAY BETWEEN 10:00AM & 5:00PM ET. ADDITIONAL COPIES CAN BE OBTAINED BY SENDING A SELF- ADDRESSED STAMPED ENVELOPE TO WALT DISNEY WORLD RESORT VACATION 2017 RULES, 395 HUDSON STREET, 7TH FLOOR, NEW YORK, NY OR BY LOGGING ON TO THE WEBSITE. a. THE OFFICIAL WINNERS LIST CAN BE OBTAINED BY SENDING A SELF- ADDRESSED STAMPED ENVELOPE TO WALT DISNEY WORLD RESORT VACATION 2017, 395 HUDSON STREET, 7TH FLOOR, NEW YORK, NY RELEASE OF LIABILITY AND INDEMNIFICATION: AS CONSIDERATION FOR ENTERING A PROMOTION, ALL PARTICIPANTS, INCLUDING BUT NOT LIMITED TO WINNERS AND TRAVEL COMPANIONS, AGREE TO RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND INDEMNIFY, HOLD HARMLESS AND DEFEND SPONSOR, EMMIS COMMUNCATIONS CORPORATION, EMMIS OPERATING COMPANY, DISNEY DESTINATIONS LLC, THE OTHER CONTEST ENTITIES, AND EACH OF THEIR RESPECTIVE PARENTS, DIRECT AND INDIRECT AFFILIATES, DIVISIONS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, ON-AIR PERSONALITIES, SHAREHOLDERS, MANAGERS, OWNERS, MEMBERS, INSURERS, ATTORNEYS, AGENTS AND REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS THEREOF (COLLECTIVELY REFERRED TO AS THE INDEMNIFIED PARTIES ) FROM ANY AND ALL LOSSES, DAMAGES, INJURIES, CHARGES, RIGHTS, CLAIMS, SUITS AND ACTIONS OF ANY KIND, EXPENSES AND ATTORNEYS FEES THAT THEY OR ANYONE CLAIMING ON THEIR BEHALF MAY HAVE RESULTING FROM, ARISING OUT OF, OR RELATING TO PARTICIPATION IN THE PROMOTION, ACCEPTANCE, POSSESSION OR USE OF ANY PRIZE, INCLUDING WITHOUT LIMITATION, PERSONAL INJURIES, DEATH AND PROPERTY DAMAGE, INCLUDING WITHOUT LIMITATION ANY CLAIM THAT THE ACT OR OMISSION COMPLAINED OF

5 WAS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE IN ANY FORM OF THE INDEMNIFIED PARTIES. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, TWITTER, INSTAGRAM OR ANY OTHER SOCIAL MEDIA PLATFORM. BY SUBMISSION OF AN ENTRY, PARTICIPANT RELEASES FACEBOOK, TWITTER, INSTAGRAM, AND ALL SOCIAL MEDIA PLATFORMS FROM ANY RESPONSIBILITY OR LIABILITY FOR THE CONTEST S ADMINISTRATION, PRIZES OR PROMOTION. YOU ARE PROVIDING ENTRY INFORMATION TO THE SPONSOR AND NOT TO FACEBOOK, TWITTER, INSTAGRAM AND ALL SOCIAL MEDIA PLATFORMS. 9. PUBLICITY RELEASE: BY ACCEPTING A PRIZE, WINNERS AND TRAVEL COMPANIONS MUST CONSENT TO THE USE OF HIS/HER NAME, PHOTOGRAPH, VOICE AND LIKENESS FOR BROADCASTING, ADVERTISING AND PROMOTIONAL PURPOSES DURING AND AFTER THE PROMOTION, WITHOUT ADDITIONAL COMPENSATION, UNLESS PROHIBITED BY LAW. BY PARTICIPATING IN THIS PROMOTION, PARTICIPANTS AGREE TO BE BOUND BY ALL THE OFFICIAL RULES OF THIS PROMOTION. 10. AGREEMENT TO ARBITRATE: TO THE FULLEST EXTENT PERMITTED BY LAW, BY PARTICIPATING IN THE CONTEST, A PARTICIPANT UNDERSTANDS AND AGREES THAT: THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT, AND IF THE PARTIES ARE UNABLE TO RESOLVE THEIR DISPUTE AMICABLY, IT SHALL BE RESOLVED BY MEANS OF BINDING ARBITRATION (NOT IN A COURT OF LAW); ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION (EVEN IF THE RULES AND PROCEDURES OF THE ARBITRATION TRIBUNAL ALLOW CLASS ARBITRATIONS); ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS CONTEST, BUT IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL PARTICIPANTS BE PERMITTED TO OBTAIN AWARDS FOR ATTORNEYS FEES, AND PARTICIPANTS HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; ANY CLAIM OR DISPUTE REGARDING THE CONTEST OR THESE OFFICIAL RULES WILL BE RESOLVED PURSUANT TO THE LAWS OF NEW YORK, WITHOUT REGARD TO THE CONFLICTS OF LAWS AND RULES OF NEW YORK; ANY CLAIM OR DISPUTE REGARDING THE CONTEST OR THESE OFFICIAL RULES WILL BE RESOLVED IN A TRIBUNAL WITHIN THE STATE OF NEW YORK, AND PARTICIPANTS SUBMIT TO THE JURISDICTION OF, AND WAIVE ALL OBJECTIONS TO THE JURISDICTION OR VENUE OF, SUCH TRIBUNAL; AND IF FOR ANY REASON A CLAIM OR DISPUTE REGARDING THE CONTEST OR THESE OFFICIAL RULES PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, THERE WILL NOT BE A JURY TRIAL. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO THE AGREEMENT TO ARBITRATE, SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IF ANY SUCH PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE, THESE RULES SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR UNENFORCEABLE PROVISION WAS NOT CONTAINED HEREIN. 11. PARTICIPANT PROBLEM DISCLAIMER: SPONSOR, DISNEY DESTINATIONS LLC AND THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, ON-AIR PERSONALITIES, MEMBERS, INSURERS, ATTORNEYS, AGENTS AND REPRESENTATIVES, SUCCESSORS AND ASSIGNS THEREOF SHALL NOT BE RESPONSIBLE, EVEN IF THROUGH NEGLIGENCE, FOR ANY PROBLEMS WHICH AFFECT, OR RESULT FROM PARTICIPATION OR ATTEMPTED PARTICIPATION IN THE PROMOTION, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: (i)

6 INCORRECT, INCOMPLETE OR INACCURATE ENTRY INFORMATION; (ii) HUMAN ERRORS; (iii) FAILURES, OMISSIONS, INTERRUPTIONS, DELETIONS OR DEFECTS OF ANY WIRELESS NETWORK, TELEPHONE NETWORK, INTERNET SERVICE, COMPUTER SYSTEMS, SERVERS, UTILITY PROVIDERS, OR SOFTWARE; (iv) INABILITY TO SEND A TEXT MESSAGE; (v) IDENTITY THEFT; (vi) TAMPERING, NETWORK HACKERS, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES OR COMPUTER DATA; (vii) DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST DUE TO WIRELESS NETWORK, TELEPHONE NETWORK, COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON WIRELESS OR TELEPHONE NETWORKS; (viii) PRINTING ERRORS, EQUIPMENT MALFUNCTIONS; AND (ix) LATE, MISDIRECTED, LOST, MISPLACED, ILLEGIBLE, MUTILATED OR POSTAGE-DUE ENTRIES. 12. DISQUALIFICATION: ALL PARTICPANTS AGREE TO BE BOUND BY THESE RULES AND AGREE THAT NON-COMPLIANCE WILL RESULT IN DISQUALIFICATION AND ALL PRIVILEGES AS A PARTICIPANT WILL BE IMMEDIATELY TERMINATED. SPONSOR, IN ITS SOLE DISCRETION, FURTHER RESERVES THE RIGHT TO DISQUALIFY ANY PERSON FOR TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE PROMOTION, GAINING AN UNFAIR ADVANTAGE IN PARTICIPATING IN THE PROMOTION, OBTAINING WINNER STATUS BY USING FALSE, FRAUDULENT OR DECEPTIVE MEANS, OR ENGAGING IN OTHERWISE DISRUPTIVE, ANNOYING, HARRASSING OR THREATENING BEHAVIOR. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE THE ORDINARY AND NORMAL OPERATION OF ANY PROMOTION, TELEPHONE SYSTEM OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.