Post by Admin on Jan 17, 2007 14:27:10 GMT -5
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1. Eligibility: Dream Vacation Forecast Sweepstakes (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at the time of entry. Employees of The Weather Channel Interactive®, Inc. (the "Sponsor"), Disney Destinations and ePrize, LLC, and their respective parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and judge’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of a sweepstakes (the “Sweepstakes”) and an instant win game (the “Instant Win Game”).
2. Sponsor: The Weather Channel Interactive, Inc., 300 Interstate Parkway N, Atlanta, GA 30339. Administrator: ePrize LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Timing: The Promotion begins on January 8, 2007 at 12:00 a.m. Eastern Time ("ET") and ends on February 7, 2007 at 11:59 p.m. ET (the "Promotion Period"). Administrator’s computer is the official time keeping device for this Promotion.
4. How to Enter: During the Promotion Period go to weather.eprize.net/dream and follow the links and instructions to register. Complete and submit the registration form including a valid home address. P.O. Boxes are not permitted. Once you submit the form, or subsequently log-in, you automatically will receive one (1) entry into the Sweepstakes and advance to the Instant Win Game page and receive one (1) Instant Win Game play for that day. The Instant Win Game page will display one of the following four (4) themes of the day: Cool, Chilling, Dreamy or Hot. Click the “Spin Forecast Wheel” button to spin the wheel, and if the wheel lands on that day’s Theme or The Weather Channel icon, you are a potential winner of the prizes indicated. The Instant Win Game results will be instantly displayed after clicking the "Next" button once the game wheel has come to a stop. Potential winners of the Instant Win Game will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Administrator is responsiblefor the functionality of the Instant Win Game.
Limit: Each entrant may receive one (1) entry/play per day during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of plays/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's plays/entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
5. Sweepstakes/Instant Win Game: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Promotion. Sweepstakes: Administrator will randomly select the potential Sweepstakes winner, from all eligible entries on or around February 12, 2007. Instant Win Game: Sixty-Two (62) random, computer-generated winning times, one for each prize listed below, will be generated during the Promotion Period. Two (2) random, computer-generated winning times will be generated per day; one (1) for each of the two (2) prizes associated with that day’s Theme. If you are the first player to play the Instant Win Game at or after one of the randomly generated times, you will be a potential instant winner of the prize indicated.
6. All potential INSTANT WIN GAME WINNERS and sweepstakes winner are subject to verification by Sponsor or administrator, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. An entrant is not a winner of any prize, even if the INSTANT WIN GAME or sweepstakes SHOULD so indicate, unless and until entrant’s eligibility, AND the potential INSTANT WIN GAME WinnER and/or sweepstakes winner have been verified and entrant has been notified that verification is complete. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. any play that occurs after the system has failed for any reason is deemed a defective play and is void and will not be honored.
7. Verification of Potential Winners: Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential Sweepstakes Grand Prize winner will be notified by email, telephone, or registered mail after the date of random drawing. The potential Sweepstakes winner (parent/legal guardian if winner is a minor in his/her state of residence) of the Grand Prize will be required to sign and return to ePrize, within ten (10) days of the date notice is sent, an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited) in order to claim his/her prize. If a potential winner of any prize cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period (if applicable), potential winner forfeits prize. In the event that a potential winner of the Sweepstakes Grand Prize or an Instant Win Game First Prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three (3) alternate drawings after which the Sweepstakes Grand Prize and the Instant Win Game First Prizes will remain un-awarded. Unclaimed Instant Win Game Second Prizes will not be awarded. Instant Win Game Prizes will be received 8-10 weeks after the conclusion of the Promotion.
8. Prizes:
Sweepstakes prize: ONE (1) GRAND PRIZE: Vacation for eight (8) to Orlando, FL. Vacation package includes roundtrip coach-class airfare for eight (8) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to Orlando International Airport; six (6) days and five (5) nights stay at a Walt Disney World® Resort Hotel (two (2) standard rooms, four person occupancy) (hotel determined by Sponsor in its sole discretion); round vacation transfer for eight (8) between the Walt Disney World® Resort Hotel and the airport; eight (8) MAGIC YOUR WAY TICKETS; complimentary use of transportation within the Walt Disney World® Resort; a VIP Guide for eight (8) for one (1) day at the Walt Disney World® Resort; and a Welcome Basket (all contents of basket determined by Sponsor in its sole discretion). Winner must complete vacation by February 7, 2008. Vacation must be booked three weeks prior to travel. Vacation subject to availability and blackout dates. Travel must be roundtrip. Airline and flight itinerary determined by Sponsor in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsors’ sole discretion. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, meals, personal charges at lodging, security fees, taxes or other expenses or incidentals are the responsibility solely of winner. Travel companions must be 18 years of age or older as of the date of departure, unless the minor is the child of the winner, and must travel on same itinerary and at the same time as the winner. If winner is a minor in their state of residence, at least one (1) of the travel companion must be the winner’s parent or legal guardian. Travel companions must execute liability/publicity releases (except where prohibited) prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Approximate Retail Value (“ARV”): $11,468. Actual value may vary based on airfare fluctuations and distance between departure and destination. Odds of winning a Sweepstakes prize depend on the number of eligible entries received during the Promotion Period.
Instant Win Game prizes: EIGHT (8) “COOL” FIRST PRIZES: Test Track Yellow Hooded Sweatshirt (Sponsor will select size of the Sweatshirt in its sole discretion). ARV: $40. EIGHT (8) “COOL” SECOND PRIZES: The Weather Channel Baseball Cap. ARV: $15. EIGHT (8) “CHILLING” FIRST PRIZES: Yeti Backpack. ARV: $30. EIGHT (8) “CHILLING” SECOND PRIZES: Windjammer Auto Open Umbrella. ARV: $15.50. EIGHT (8) “DREAMY” FIRST PRIZES: Cabana Beach Towel. ARV: $26. EIGHT (8) “DREAMY” SECOND PRIZES: Minnie as Aurora Large Plush. ARV: $25. SEVEN (7) “HOT” FIRST PRIZES: Nemo and Friends Snowglobe. ARV: $65. SEVEN (7) “HOT” SECOND PRIZES: Nalgene Water Bottle. ARV: $14.50. Odds of winning an Instant Win Game prize depend on the number of eligible Instant Win Game plays divided by the number of prizes available. Limit: One (1) Instant Win Game prize per person.
For All Prizes: No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV OF ALL PRIZES: $13,236.50.
9. Release: By entering this Promotion or winning a prize, winner agrees to release and hold harmless Sponsor, Disney Destinations, ePrize, LLC, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent and affiliated companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
10. Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes or Instant Win Game, as determined by Sponsor, in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or Instant Win Game or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes or the Instant Win Game may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes or Instant Win Game play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or (excluding any and all disputes, claims and cause of action arising out of or connected with the use of any of the prizes awarded in the Promotion) shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Any and all disputes, claims and cause of action arising out of or connected with the use of prizes shall be noted individually, without resort in any form of class action, before the Circuit Court of the Ninth Judicial Circuit in and for Orange County Florida; or, if the Circuit Court does not have jurisdiction , then before the United States Court for Middle District of Florida (Orlando Division); or if neither of such courts shall have jurisdiction, then before any other court sitting in Orange County, Florida, having subject matter jurisdiction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
14. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy (http://www.weather.com/common/home/privacy.html) and ePrize’s privacy policy (http://www.eprize.com/privacy/privacypolicy.html). If you elect to receive future communication from Disney Destinations and its affiliated companies about Walt Disney World® Resort and other Disney products and services by placing a mark within the associated box on the registration form, your information will be shared with Disney Destinations and its affiliated companies.
15. Winner List: For a winner list and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to “Dream Vacation Forecast Sweepstakes Winner List/Official Rules”, c/o ePrize, LLC, P.O. Box 8070, Royal Oak, MI 48068-8070. Requests for Winner List must be received by May 12, 2007. VT residents may exclude return postage for the Official Rules.
© 2007 ePrize, LLC. All Rights Reserved.
1. Eligibility: Dream Vacation Forecast Sweepstakes (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at the time of entry. Employees of The Weather Channel Interactive®, Inc. (the "Sponsor"), Disney Destinations and ePrize, LLC, and their respective parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and judge’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of a sweepstakes (the “Sweepstakes”) and an instant win game (the “Instant Win Game”).
2. Sponsor: The Weather Channel Interactive, Inc., 300 Interstate Parkway N, Atlanta, GA 30339. Administrator: ePrize LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Timing: The Promotion begins on January 8, 2007 at 12:00 a.m. Eastern Time ("ET") and ends on February 7, 2007 at 11:59 p.m. ET (the "Promotion Period"). Administrator’s computer is the official time keeping device for this Promotion.
4. How to Enter: During the Promotion Period go to weather.eprize.net/dream and follow the links and instructions to register. Complete and submit the registration form including a valid home address. P.O. Boxes are not permitted. Once you submit the form, or subsequently log-in, you automatically will receive one (1) entry into the Sweepstakes and advance to the Instant Win Game page and receive one (1) Instant Win Game play for that day. The Instant Win Game page will display one of the following four (4) themes of the day: Cool, Chilling, Dreamy or Hot. Click the “Spin Forecast Wheel” button to spin the wheel, and if the wheel lands on that day’s Theme or The Weather Channel icon, you are a potential winner of the prizes indicated. The Instant Win Game results will be instantly displayed after clicking the "Next" button once the game wheel has come to a stop. Potential winners of the Instant Win Game will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Administrator is responsiblefor the functionality of the Instant Win Game.
Limit: Each entrant may receive one (1) entry/play per day during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of plays/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's plays/entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
5. Sweepstakes/Instant Win Game: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Promotion. Sweepstakes: Administrator will randomly select the potential Sweepstakes winner, from all eligible entries on or around February 12, 2007. Instant Win Game: Sixty-Two (62) random, computer-generated winning times, one for each prize listed below, will be generated during the Promotion Period. Two (2) random, computer-generated winning times will be generated per day; one (1) for each of the two (2) prizes associated with that day’s Theme. If you are the first player to play the Instant Win Game at or after one of the randomly generated times, you will be a potential instant winner of the prize indicated.
6. All potential INSTANT WIN GAME WINNERS and sweepstakes winner are subject to verification by Sponsor or administrator, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. An entrant is not a winner of any prize, even if the INSTANT WIN GAME or sweepstakes SHOULD so indicate, unless and until entrant’s eligibility, AND the potential INSTANT WIN GAME WinnER and/or sweepstakes winner have been verified and entrant has been notified that verification is complete. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. any play that occurs after the system has failed for any reason is deemed a defective play and is void and will not be honored.
7. Verification of Potential Winners: Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential Sweepstakes Grand Prize winner will be notified by email, telephone, or registered mail after the date of random drawing. The potential Sweepstakes winner (parent/legal guardian if winner is a minor in his/her state of residence) of the Grand Prize will be required to sign and return to ePrize, within ten (10) days of the date notice is sent, an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited) in order to claim his/her prize. If a potential winner of any prize cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period (if applicable), potential winner forfeits prize. In the event that a potential winner of the Sweepstakes Grand Prize or an Instant Win Game First Prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three (3) alternate drawings after which the Sweepstakes Grand Prize and the Instant Win Game First Prizes will remain un-awarded. Unclaimed Instant Win Game Second Prizes will not be awarded. Instant Win Game Prizes will be received 8-10 weeks after the conclusion of the Promotion.
8. Prizes:
Sweepstakes prize: ONE (1) GRAND PRIZE: Vacation for eight (8) to Orlando, FL. Vacation package includes roundtrip coach-class airfare for eight (8) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to Orlando International Airport; six (6) days and five (5) nights stay at a Walt Disney World® Resort Hotel (two (2) standard rooms, four person occupancy) (hotel determined by Sponsor in its sole discretion); round vacation transfer for eight (8) between the Walt Disney World® Resort Hotel and the airport; eight (8) MAGIC YOUR WAY TICKETS; complimentary use of transportation within the Walt Disney World® Resort; a VIP Guide for eight (8) for one (1) day at the Walt Disney World® Resort; and a Welcome Basket (all contents of basket determined by Sponsor in its sole discretion). Winner must complete vacation by February 7, 2008. Vacation must be booked three weeks prior to travel. Vacation subject to availability and blackout dates. Travel must be roundtrip. Airline and flight itinerary determined by Sponsor in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsors’ sole discretion. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, meals, personal charges at lodging, security fees, taxes or other expenses or incidentals are the responsibility solely of winner. Travel companions must be 18 years of age or older as of the date of departure, unless the minor is the child of the winner, and must travel on same itinerary and at the same time as the winner. If winner is a minor in their state of residence, at least one (1) of the travel companion must be the winner’s parent or legal guardian. Travel companions must execute liability/publicity releases (except where prohibited) prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Approximate Retail Value (“ARV”): $11,468. Actual value may vary based on airfare fluctuations and distance between departure and destination. Odds of winning a Sweepstakes prize depend on the number of eligible entries received during the Promotion Period.
Instant Win Game prizes: EIGHT (8) “COOL” FIRST PRIZES: Test Track Yellow Hooded Sweatshirt (Sponsor will select size of the Sweatshirt in its sole discretion). ARV: $40. EIGHT (8) “COOL” SECOND PRIZES: The Weather Channel Baseball Cap. ARV: $15. EIGHT (8) “CHILLING” FIRST PRIZES: Yeti Backpack. ARV: $30. EIGHT (8) “CHILLING” SECOND PRIZES: Windjammer Auto Open Umbrella. ARV: $15.50. EIGHT (8) “DREAMY” FIRST PRIZES: Cabana Beach Towel. ARV: $26. EIGHT (8) “DREAMY” SECOND PRIZES: Minnie as Aurora Large Plush. ARV: $25. SEVEN (7) “HOT” FIRST PRIZES: Nemo and Friends Snowglobe. ARV: $65. SEVEN (7) “HOT” SECOND PRIZES: Nalgene Water Bottle. ARV: $14.50. Odds of winning an Instant Win Game prize depend on the number of eligible Instant Win Game plays divided by the number of prizes available. Limit: One (1) Instant Win Game prize per person.
For All Prizes: No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV OF ALL PRIZES: $13,236.50.
9. Release: By entering this Promotion or winning a prize, winner agrees to release and hold harmless Sponsor, Disney Destinations, ePrize, LLC, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent and affiliated companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
10. Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes or Instant Win Game, as determined by Sponsor, in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or Instant Win Game or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes or the Instant Win Game may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes or Instant Win Game play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or (excluding any and all disputes, claims and cause of action arising out of or connected with the use of any of the prizes awarded in the Promotion) shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Any and all disputes, claims and cause of action arising out of or connected with the use of prizes shall be noted individually, without resort in any form of class action, before the Circuit Court of the Ninth Judicial Circuit in and for Orange County Florida; or, if the Circuit Court does not have jurisdiction , then before the United States Court for Middle District of Florida (Orlando Division); or if neither of such courts shall have jurisdiction, then before any other court sitting in Orange County, Florida, having subject matter jurisdiction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
14. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy (http://www.weather.com/common/home/privacy.html) and ePrize’s privacy policy (http://www.eprize.com/privacy/privacypolicy.html). If you elect to receive future communication from Disney Destinations and its affiliated companies about Walt Disney World® Resort and other Disney products and services by placing a mark within the associated box on the registration form, your information will be shared with Disney Destinations and its affiliated companies.
15. Winner List: For a winner list and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to “Dream Vacation Forecast Sweepstakes Winner List/Official Rules”, c/o ePrize, LLC, P.O. Box 8070, Royal Oak, MI 48068-8070. Requests for Winner List must be received by May 12, 2007. VT residents may exclude return postage for the Official Rules.
© 2007 ePrize, LLC. All Rights Reserved.