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DISNEY PLANET CHALLENGE FOR ELEMENTARY SCHOOLS
OFFICIAL RULES
These terms will apply for the 2011-2012 competition, however the dates are subject to change for the particular program year.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN
  1. SPONSOR:Disney Worldwide Services, Inc., 500 South Buena Vista St., Burbank, CA 91521, is solely responsible for all aspects of this contest (“Contest”).
  2. BRIEF OVERVIEW OF CONTEST: This is a Contest soliciting ideas to improve the planet’s environment (“Ideas”) to be conducted during the period commencing at 12:01 A.M., September 1, 2011, and ending at 11:59:59 P.M., February 15, 2012 (“Entry Period”), for participants in the following categories of classes and clubs in connection with elementary schools located in one of the 50 states or the District of Columbia (collectively, “Territory”): third, fourth, and fifth grade classes, combination third/fourth grade classes, second/third grade classes, combination third/fourth grade classes, combination fourth/fifth grade classes, combination third/fourth/fifth grade classes, and combination second/third/fourth/fifth grade classes (individually, “Class”) and third, fourth, and fifth grade after school science and environmental clubs (individually, “Club”). Each Class and Club participating in this Contest (individually, “Contestant”) is competing for fifty-five (55) prizes (4 National Prizes, Grand, Second, Third, and Fourth, and 51 Local Prizes, one (1) for each of the 50 states and the District of Columbia). Contestants will enter this Contest by submitting their Ideas by means of the following elements in a portfolio style format: [1] examples showcasing how curriculum is integrated into the Contest; [2] graphs and other examples of student work; [3] photos; [4] videos; [5] letters from organizations; [6] drawings; [7] newspaper clippings; and [8] anything else that can help demonstrate the scope of the Contest, but no music (collectively, “Submission”). Sponsor’s appointed judges will consist of a panel of experts from the following organizations: WestEd/K-12 Alliance, National Science Teachers Association, United States EPA, United States Fish & Wildlife, National Audubon Society, California Department of Education and others (collectively, “Judges”). The Judges will select the 55 winners by applying the following judging criteria: 16% for environmental relevance, 14% for student learning, 14 % for community involvement, 14% for changes in practices and attitudes, 14% for lasting benefits to students, school and/or community, 14% for sustainability and 14% for originality (collectively, “Criteria”). For purposes of these official rules (“Rules”), all times and days are Pacific Time. Sponsor’s computer is the official time keeping device for this Contest. The awarding of each 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 Contestant must be: [1] a Class or Club; [2] physically located within the Territory; [3] composed of not more than sixty (60) members (individually, “Student”); and [4] willing to have its Submission published and/or otherwise distributed.
  4. ENTRY: During the Entry Period, the teacher of the Class or the teacher adviser of the Club (individually, “Teacher”) may enter the Contest on behalf of Contestant by: (1) agreeing to the Rules and the Terms of Use Agreement (“TOU”) and (2) sending in the Submission by: (a) mailing it inside a postage prepaid envelope, to: Disney Planet Challenge for Elementary Schools, c/o Corporate Citizenship Signature Programs, Disney Worldwide Services, 500 South Buena Visa St., Burbank, CA 91521-6445, or (b) electronically transmitting it to www.disney.com/planetchallenge (“Entry”).
  5. CONTEST MATERIALS ("Materials"): Materials include: [1] all information and material submitted by Contestant and/or its Students in connection with the Contest, including the Submission and all other forms, contracts or releases required to be submitted by Contestant and/or its Students, whether required by Sponsor prior to or after Entry; [2] Contestant’s name as contained in the Submission; and [3] all photographs, artwork, writings, statements, dramatic materials, ideas, quotations and any other intellectual properties created by Contestant in connection with the Contest and submitted to Sponsor, including the Submission. All legal responsibilities of each Student under the Rules will be assumed by his/her parent/legal guardian (“Parent”). (a) Except as specifically provided for herein, by entering the Contest, Contestant agrees that all recordings, copyrights, trademarks, ideas, concepts, acts, poses and performances, including without limitation all material composed, added, created or interpolated by it, from the inception of creation and irrespective of stage of development or completion, that are embodied in the Materials (collectively, “Work”), are commissioned hereunder on a “work-for-hire” basis. In the event the Work is found not to be a work-made-for-hire, Contestant hereby assigns, transfers and grants to Sponsor all rights, including all exclusive exploitation rights, of every kind and nature (including all copyrights and neighboring rights, to the extent such assignment is allowed by law), in and to such Work. All rights to such Work are owned by Sponsor solely and exclusively, for the duration of the rights in each country and area and space, in all languages, and throughout the universe, including without limitation the right to use, re-use, reproduce, distribute, redistribute, display, exhibit, transmit, print, publish, broadcast, host, store, cache, download, stream, comment on, edit, alter, modify, adapt, translate and create derivative works based upon, synchronize with visual material, make sound or video recordings or audiovisual recordings, otherwise use, and permit others to use and perform or otherwise exploit, the Work throughout the universe, in all media now known or hereafter discovered, including without limitation in connection with, and to promote, market or advertise, the Contest, in whole or in part, in edited, unedited or distorted form, without review, approval, credit or attribution, notification or payment from or to Contestant or any person or entity, including without limitation any third party company entitled to Contestant’s exclusive performing services or any other rights with respect to its performing services, or any union or guild. By entering the Contest, each Teacher agrees that upon the announcement of a potential award of any prize hereunder to the Teacher’s Contestant, the Teacher will assist Sponsor by obtaining the consent of the Parent of each Student to the grant set forth in this Section 5 as a condition to the award of the prize. (b) Contestant and Sponsor are aware and hereby acknowledge that new rights to the Work may come into being and/or be recognized in the future, under the law and/or in equity (hereafter the “New Exploitation Rights”), and Contestant intends to and does hereby grant and convey to Sponsor any and all such New Exploitation Rights to the Work. Contestant and Sponsor are also aware and do hereby acknowledge that new (or changed) (1) technology, (2) uses, (3) media, (4) formats, (5) modes of transmission and (6) methods of distribution, dissemination, exhibition or performance (hereafter the “New Exploitation Methods”) are being and will inevitably continue to be developed in the future, which would offer new opportunities for exploiting the Work. Contestant intends to and does hereby grant and convey to Sponsor any and all rights to such New Exploitation Methods with respect to the Work. (c) Contestant hereby agrees to execute, or secure the execution of, any document Sponsor deems in its interest to confirm the existence of the preceding and to effectuate its purpose to convey such rights to Sponsor, including without limitation the New Exploitation Rights and all rights to the New Exploitation Methods. (d) Contestant further hereby agrees that neither it, its Teacher, nor any of its Students will seek: (1) to challenge, through the courts, administrative governmental bodies, private organizations or in any other manner, the rights of Sponsor to exploit the Work by any means whatsoever or (2) to thwart, hinder or subvert the intent of the grants and conveyances to Sponsor herein and/or the collection by Sponsor of any proceeds relating to the rights conveyed hereunder.
  6. LIMITATIONS: By submitting the Materials in the Contest, Contestant and Teacher each represents and warrants to Sponsor the Materials and everything depicted therein: [1] are original with Contestant and do not originate from a magazine, newspaper or other commercial or proprietary source; [2] do not infringe upon or otherwise violate any right of any person, firm or entity; [3] do comply with the TOU and the Rules; [4] do not contain any music; [5] do not contain any trademarks, logos, insignia, location signage, photographs, artwork or sculptures or other material (e.g., on props, costumes, background) that would infringe any third party’s copyrights or trademarks; [7] do not contain the likeness or photograph of any person not involved in the project; and [8] do not contain material that is (or promotes activities that are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, harassing, defamatory, libelous, infringing or otherwise objectionable or unlawful as determined by Sponsor in its sole discretion; and [y] that: [1] Contestant has all rights, licenses, permissions and consents (including consents of the Parents of all Students) necessary to submit the Materials in accordance with the Rules; [2] no person or entity other than Contestant has any right, title or interest in and to any part of the Materials; and [3] neither Contestant, Teacher, nor any of the Students is subject to any agreement or arrangement that would interfere with Contestant’s 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 and remove any Contestant that Sponsor deems to be in violation of the Limitations set forth in this Section 6 at any time. Limit of one (1) Entry per Contestant. Entries by any method other than set forth above in Section 4 are void. Neither Sponsor nor any of its officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releasees”) is responsible for: [a] Entries from Contestants physically located outside the Territory; [b] Entries that contain the images of persons; [c] Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, illegible, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, mutilated, non-delivered, postage-due, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; [d] lost, interrupted or unavailable network, server or other connections; [e] miscommunications; [f] failed computer hardware or software or telephone transmissions; [g] technical failures; [h] unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; [i] undeliverable emails resulting from any form of active or passive email filtering; [j] insufficient space in Contestant’s email account to receive email; or [k] other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified. Void where prohibited 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. PRIZES: The following prizes will be awarded to a maximum of 55 Contestants (individually, “Winner”):

    ONE (1) GRAND NATIONAL PRIZE: consists of the following elements:

    For the Winner: (1) one (1) Certificate of Recognition (“Certificate”) and (2) one (1) four (4) day/ three (3) night trip to the Walt Disney World® Resort in Florida in April, 2012 (“Trip”), for all of Winner’s Students, its Teacher, its Principal, and each chaperone of Students on the Trip (“Chaperone”), limited to one Chaperone for each four (4) Students (collectively, “Group”), consisting of the following elements: (a) Resort hotel accommodations for three (3) nights [b] 3-Day Magic Your Way tickets with Park Hopper® option; [c] attendance at Winners’ recognition ceremony; [d] Two hundred dollars ($200) in Disney meal vouchers per person in the Group; [e] if Winner is located more than five hundred (500) miles from the Resort, round-trip coach air transportation on a Sponsor-selected carrier between a Sponsor-selected major metropolitan airport near Winner’s location (“airport of origin”) and Orlando International Airport; [f] if Winner is located five hundred (500) miles or less from the Resort, round-trip ground transportation on SPAB certified buses; [g] airport/hotel transfers if traveling by air; and [h] all meals not covered by meal vouchers. All expenses not specifically mentioned herein are not included and are solely the Winner’s responsibility, including but not limited to: round-trip transportation between the Winner’s location and any airport of origin, fax, gratuities and tips, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls. Airline carrier and Resort regulations and conditions apply. Travel and lodging are subject to availability, certain restrictions, blackout dates and Sponsor’s approval and Trip must be taken on Sponsor-selected dates during April 2012, or it may be forfeited to an alternate Winner; and (3) a grant of up to $10,000 to fund the Winner’s project.

    For the Teacher: the following elements: (1) check for $6,000; (2) one (1) special award (“Award”); (3) 1-year National Science Teachers Association (“NSTA”) membership (“Membership”) (ARV: $250) ; and (4) one (1) four (4) day/three (3) night trip to the 2013 National NSTA Conference in San Antonio, Texas (“City”), April 11 - 14, 2013 (“Teacher’s Trip”), consisting of the following elements: (a) hotel accommodations for three (3) nights (one standard room); (b) conference registration fees; (c) if Teacher resides more than two hundred fifty (250) miles from the City, round-trip coach air transportation on a Sponsor-selected carrier between a Sponsor-selected major metropolitan airport near Teacher’s residence (“airport of origin”) and a major metropolitan airport in or near the City; and (d) airport/hotel transfers. All expenses not specifically mentioned herein are not included and are solely the Teacher’s responsibility, including but not limited to: transportation to the City if Teacher resides two hundred fifty (250) miles or less from the City, round-trip transportation between the Teacher’s residence and any airport of origin, fax, gratuities and tips, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls. Airline carrier and hotel regulations and conditions apply. Travel is subject to availability, certain restrictions and Sponsor’s approval.

    For each Student: the following elements: (1) one (1) Certificate and (2) one (1) Disney prize pack, including Sponsor-selected items such as: DVD’s, reusable lunch box, reusable water bottle and other items (“Disney Pack”).

    For the Winner and the Students: may be featured on the Disney Channel.

    Approximate retail value (“ARV”) of the Grand Prize: $117,000, which will vary depending upon total number of students, teachers and chaperones, points of departure and fluctuation of hotel rates and airfares for the Trips.

    ONE (1) SECOND NATIONAL PRIZE: consists of the following elements:

    For the Winner: (1) check for $2,000 and (2) one (1) Certificate
    For the Teacher: (1) check for $4,000; (2) one (1) Award; and (3) one (1) Membership.
    For each Student: (1) one (1) Certificate and (2) one (1) Disney Pack.
    For the Winner’s school: check for $2,000.
    ARV of First Prize: $8,750.

    ONE (1) THIRD NATIONAL PRIZE: consists of the following elements:

    For the Winner: (1) check for $1,500 and (2) one (1) Certificate
    For the Teacher: (1) check for $3,000; (2) one (1) Award; and (3) one (1) Membership.
    For each Student: (1) one (1) Certificate and (2) one (1) Disney Pack.
    For the Winner’s school: check for $1,500.
    ARV of Second Prize: $6,750.

    ONE (1) FOURTH NATIONAL PRIZE: consists of the following elements:

    For the Winner: (1) check for $1,000 and (2) one (1) Certificate
    For the Teacher: (1) check for $2,000; (2) one (1) Award; and (3) one (1) Membership.
    For each Student: (1) one (1) Certificate and (2) one (1) Disney Pack.
    For the Winner’s school: check for $1,000.
    ARV of Third Prize: $4,750.

    FIFTY-ONE (51) LOCAL PRIZES (ONE FOR EACH OF THE 50 STATES AND THE DISTRICT OF COLUMBIA): each prize will consist of the following elements:

    For the Winner: one (1) Certificate.
    For the Teacher: (1) check for $1,000 and (2) one (1) Award.
    For each Student: (1) one (1) Certificate and (2) one (1) Disney Pack.
    ARV of each Local Prize: $2,000
    Total ARV of all 55 Prizes: $242,025

    PARTICIPANT SPECIAL AWARDS FOR EACH ELIGIBLE CONTESTANT WHO IS NOT A WINNER (individually, “Participant”): each award will consist of the following elements:

    For the Participant: one (1) Certificate.
    For the Teacher: one (1) Award.
    For each Student: one (1) Certificate.
    ARV of Participant Award: $50.

    Prize elements may not be separated. Prizes are not redeemable for cash or transferable. No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. All prizes will be awarded provided there are sufficient eligible Entries received and prizes are validly claimed by May 11, 2012, after which no alternate Winners will be selected and no unclaimed prizes awarded. Any and all federal, state and local taxes associated with the receipt or use of a prize element are the sole responsibility of each recipient, and each Winner’s Teacher will receive an IRS Form 1099 reflecting the value of his/her prize element.
  8. PROCEDURE/JUDGING: All Entries must be received during the Entry Period. The Judges will select the potential Winners between February 27, and March 6, 2012, based on the Criteria.
  9. WINNERS: The potential Grand National Prize Winner will be notified in a surprise announcement at the Winner’s school, between March 6, and March 12, 2012. The potential Second, Third and Fourth National Prize Winners and the Local Prize Winners will each be notified by U.S. Mail on or aboutMarch 16, 2012; and all Participants will each be notified by email on or about March 16, 2012. At the sole discretion of Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: [1] potential Winner’s failure to respond to notification within ten (10) days after receipt of notice; [2] the return of any notice or a prize as undeliverable; [3] potential Winner’s failure to secure the execution and the return of Affidavit/Release/Prize Acceptance Forms for the Teacher and all Students within ten (10) days after mailing; [4] potential Grand National Prize Winner’s failure to be available to make the Trip on Sponsor-selected dates in April, 2012; [5] potential Local Winner’s failure to validly claim any prize within ten (10) days after it is sent; [6] potential Winner’s failure to validly claim any prize by May 11, 2012; and [7] any other non-compliance with Rules. In the event of a prize forfeiture, Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate Winner. The Group must travel together on the same itinerary, and each person in the Group is solely responsible for obtaining all necessary travel documents (i.e., valid photo I.D. and credit card, etc.) before departure. All persons in the Group will be required to execute a Release of Liability prior to ticketing.
  10. CONDITIONS: By entering this Contest and/or accepting any prize won, each Contestant, Teacher and Student agrees, warrants and represents that: [1] it 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] it releases and holds 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 a Submission 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 the prizes; [5] Winner’s acceptance of a prize will include the execution by the Winner and each of its Students (by their respective Parents) and delivery to Sponsor of releases granting to Sponsor and assigns an unconditional right to use names, addresses (city and state only), voices, likenesses, photographs, biographical and prize information and/or statements of the Winner and its Students about the Contest for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [6] Teacher’s acceptance of a prize will include the execution by the Teacher and delivery to Sponsor of a release granting to Sponsor and assigns an unconditional right to use the name, address (city and state only), voice, likeness, photograph, biographical and prize information and/or statements of the Teacher about the Contest for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [7] Sponsor has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Contest, 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 Sponsor’s reasonable control (collectively, “Acts of God”), corrupt, prevent or impair the administration, security, fairness or proper functioning of the Contest, so that it cannot be conducted as originally planned, and in such event, to select Winners by such method as Sponsor in its sole discretion shall consider equitable; in the event an Act of God occurs once a Trip or Teacher’s Trip, as the case may be, has already commenced, Sponsor has the right, in its sole discretion, to terminate the Trip or the Teacher’s Trip and return the Group or Teacher to the airport of origin as soon as reasonably possible; [8] the Releasees are not responsible for typographical or other errors in the offer or administration of the Contest, including but not limited to: errors in the advertising, Rules, selection and announcement of the Winners and distribution of the prizes; [9] any portion of any prize not accepted or used by any Winner, Teacher or Student will be forfeited; [10] the Releasees are not responsible for any inability of any Winner, Teacher or Student to accept or use any prize (or any portion thereof) for any reason; [11] all disputes, liabilities, 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 TOU 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; [12] all Claims shall be resolved individually, without resort to any form of class action; [13] all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event including attorneys’ fees, and under no circumstances will any Contestant, Teacher or Student be permitted to obtain awards for, and each 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; and [14] Sponsor has the right to modify prize award procedures at its sole discretion.
  11. RULES & WINNERS’ LIST: For list of Winners (after March 16, 2012) and/or Rules (before February 15, 2012), send a self-addressed, stamped #10 envelope to: Disney Planet Challenge for Elementary Schools, c/o Corporate Citizenship Signature Programs, Disney Worldwide Services, 500 South Buena Vista St., Burbank, CA 91521-6445.


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