EURO DISNEY ASSOCIES SCA CONTEST RULES TITLE: "Voice It This Summer" ARTICLE 1 – GENERAL INFORMATION EURO DISNEY ASSOCIES SCA, whose registered offices are located at 1, rue de la Galmy, 77700 Chessy ("Organiser"), is organising a contest called "Voice It This Summer" ("Contest") from 23/04/2015 to 11/05/2015 to which these rules ("Rules") apply. ARTICLE 2 – PRINCIPLE OF THE CONTEST The Organiser is launching an online video contest. To participate in the Contest, participant will have to film up to four people (including potentially himself or herself) singing a twisted version of the chorus of the theme song “Let it Go” from the Disney "Frozen” motion picture (hereinafter, the “Video”), upload the Video on the http://frozen-summerfun.disneylandparis.co.uk/ website (hereinafter, the “Website” or the “Site”) and complete the online entry form (see article 3) (hereinafter, the “Participant”). To be taken into account, Video must comply with these Rules and in particular with the conditions set forth below. 2.1 Characteristics of the Videos submitted: - Subject of the video: Participant wishing to enter the Contest must submit a video of up to four people (including potentially himself or herself) singing a twisted version of the chorus of the theme song “Let it Go” from the Disney “Frozen” motion picture, expressing how much they would like to go to Disneyland Paris. - Content of the video must comply with the following rules: o No nudity or sexual content o No abusive, offensive, defamatory, vulgarity or insulting content o No content denigrating the Organiser and/or the family values it conveys o No content subject to third parties intellectual property rights, such as appearing trademarks, logos, etc. o Must be genuine o No background music other than “Let it go” theme song from the Disney “Frozen” motion picture o Only in English o No more than four people in the video - Individuals – or their legal representatives for minors – other than the Participant appearing in the Video must have been informed by the Participant of and must have consented to (i) appear in the Video, (ii) the assignment of rights on their performance and likeliness to Organiser as per the terms of the exhibit, which the Organiser reserves the right to request, at any time, Participant to provide evidence of. 1 - Technical specifications: o o o o Video medium: video file Maximum size: 256 Mo Accepted formats: .mp4, .avi, .wmv, .mov Length: 40 seconds. 2.2 Submission of videos: Videos must be uploaded onto the Website between 23/04/2015 and 11/05/2015. ARTICLE 3 – CONDITIONS OF ENTRY Entry to the Contest is free and no purchase is necessary. The Contest is open to all Participants residing in the United Kingdom and aged 18 or over. Employees of the Organiser or their immediate family members are strictly prohibited from entering the Contest. To enter the Contest, the Participant must connect to the Website, upload the Video and, for the entry to be valid, complete the entry form provided on the Website. One Participant may participate only 1 time to the Contest. The Organiser cannot be held responsible for any loss or damage to any documents posted. ARTICLE 4 – DETERMINING THE WINNERS 4.1 Videos excluded from the Contest The following videos shall be automatically excluded from the Contest: - videos that are not consistent with the guidelines referred to in Article 2; videos that were not submitted in accordance with the entry requirements specified in Article 3. 4.2 Pre-selection of the videos to be submitted to Jury Organiser will perform a pre-selection of fifteen (15) videos to be submitted to Jury based on the following criteria: - Lyrics originality, the funniest the most honest the staging originality 2 4.3 Selection of winner by Jury The Jury will be composed of Disney’s Celebrity mum of year, a UK blogger and an actress/singer/blogger. As from 12/05/2015, the Jury will select one winning Video from the fifteen pre-selected Videos after viewing the Videos submitted and taking into account the following selection criteria: - Lyrics originality, the funniest the most honest the staging originality Participant (i.e. the individual who has uploaded the winning Video and completed the corresponding entry form) who will be designated by Jury as winner of the Contest (hereinafter the “Winner”) will receive the prize described in Article 5 below and will be notified as specified in Article 6 below. ARTICLE 5 - PRIZE 5.1 Winner will receive the prize described below (the “Prize”) consists in: a) A special stay at Disneyland Paris which includes (the “Stay”): - Accommodation: 2 nights for up to four people, including one adult, at Disney’s Hotel New York for an arrival on 29/05/2015 and a departure on 31/05/2015 - Park tickets: 3 days of access to Disneyland Park and Walt Disney Studios per person for up to four people for the duration of the stay. - Seats for up to four people at the Frozen Sing Along Show avant-premiere on 30/05/2015. - Invitation to the gala dinner of 30/05/2015 for up to four people - Meals for four people: Half Board Meal Plan option Plus vouchers supplied for breakfast, lunch and dinner. - Transportation: a second-class return ticket on SNCF for four people in second class, or return economy class airfare. Transfers to and from railway station to winner's and/or a guest's home are not included]. The method of transportation will be chosen by the Organiser. b) And also the chance to have extracts of Winner’s Video be used in a “best of clip” aggregating the winning videos of Organiser’s similar contests organised in other countries (the “Best of Clip”) which Best of Clip may be broadcasted at the Frozen Sing Along Show avant-premiere and on Organiser’s social media. 5.3 The travel tickets and holiday booking are subject to conditions and restrictions imposed by Disneyland Resort Paris and/or the train company/airline or other carrier. Winner and the other individual guests must travel at the same time on the same routing. Organizer cannot be responsible for unforeseen cancellations of trains, flights or other arrangements. 3 5.4 Any costs incurred additional to the prize package elements listed (e.g. food, drinks, transport, telephone charges, room service, laundry service, optional excursions, tips, souvenirs and any other incidental expenses) will be at the Winner’s and/or other guest's own expense. 5.5 Winner and each other individuals benefiting from the Prize must have (at the time of travel) a valid passport for at least 6 months after arrival in France and all necessary visas or other required documentation to comply with applicable immigration or other travel regulations. 5.6 Approximate value of the prize: € 2500 tax-inclusive. ARTICLE 6 - ACCEPTANCE AND METHODS OF DELIVERY OF PRIZES 6.1 Prize offered to Winner shall be accepted as is and may not be transferred, exchanged for another item or monetary value, or refunded or otherwise modified. In particular, no change in dates will be accepted by the Organiser. 6.2 Prizes shall only be offered to Winner subject to Winner having duly completed, signed and returned to the Organiser the following documents as follows: - One copy of these Rules initialed on each page by Winner, with the name and signature of Winner at the end; One copy of the consent and release form attached in Exhibit to these Rules signed and initialed on each page by each of the other individuals appearing in the winning video – for individuals under 18 year of age, signatures and initials must be those of their legal representative Copy of any official identification document (e.g.: driving license, ID card, etc.) with the name and picture of Winner and of the other individuals appearing on the winning in the videos – for individuals under 18 year of age, official identification document of their legal representatives shall also be provided; Copies of the signed Rules and Release Forms must be sent no later than [date] at the following address: EURO DISNEY ASSOCIES SCA DIRECT MARKETING DPT VOICE IT THIS SUMMER 1 rue de la GALMY 77700 CHESSY - FRANCE Winner will be contacted on 15/05/2015 by email and telephone. Winner will be informed of how to obtain their prize at that time. In the event that Winner does not respond to the Organizer before 2 days from 15/05/2015 the Winner will be deemed to have forfeited his/her prize and Organizer reserves the right to designate a new Winner in accordance with these Rules and in particular article 4 and this article 6. ARTICLE 7 – ASSIGNMENT OF RIGHTS AND RELEASE CLAUSE By accepting these Rules, and upon submission, Participant assigns all existing and future intellectual property rights in the Video, free of charge to the Organiser, its parent, subsidiary, related and affiliated companies, and their respective licensees, successors, agents, and assigns (collectively, “Euro Disney”), 4 and irrevocably and unconditionally waives any and all moral rights conferred upon the Participant now and in the future. 7.1 In particular Participant irrevocably, unconditionally, and free of charge agrees Euro Disney shall have the exclusive right to freely use and exploit: The Video, including any caption, content or material submitted with such Video in connection with the Contest, and all rights related to the Video (including, but not limited to, the copyright and any other intellectual property rights), and If Participant appears in the Video, Participant’s voice, likeness, appearance, statements and performance incorporated in the Video, as well as Participant’s name, biographical information and statements in, or in connection with, the Video, in any manner and in all media, whether now known or later created, throughout the universe for the maximum duration of time provided under applicable law and international conventions (including, without limitation, in commercials, in print media or publications, on the internet, on television, in merchandise, on radio systems, in DVDs, in social media, in online webcasts and Podcasts, and all supplemental market uses), and in all forms, whether for any promotional, publicity, entertainment or advertising or for any other purpose whatsoever in connection with Disneyland Paris and/or Walt Disney World Resort, Disneyland Resort, or any other Disney theme park (the “Disney Parks”). Participant understands and agrees that Organiser is not required or obligated to exercise any of its rights granted in this Granting of Rights and Release Clause (hereinafter “Release Clause”) or provide Participant with any rights of approval, credit or billing at any time. Participant agrees that Organiser may license or assign any of the rights, interests or obligations under this Release Clause in whole or in part without Participant’s consent. 7.2 In particular, Participant also agrees that the Video may be edited, modified, added to, arranged, reproduced, juxtaposed, and otherwise revised for any reason and in any manner which Organiser may determine, in its sole discretion, in particular, but not limited to, in the Best of Clip. Participant has not and agrees not to take any action (including, without limitation, the transfer or assignment of ownership of the Video) that will impair the rights granted to Organiser in this Release Clause. Participant acknowledges and agrees that Organiser may suspend (whether in whole or in part) its use of the Video at any time and that the Video will not be returned to Participant. 7.3 Participant represents and warrants that: Participant took the Video himself/herself and/or has obtained all rights to the Video, including from each person appearing in the Video (or, for minors, from their legal representatives), as the sole owner of the Video and is free to enter into this Release Clause; Nothing in the Video infringes the right of copyright, privacy right, performance right, moral right or any other right whatsoever of any third party (including, without limitation, any person appearing in the Video), no further consents, permissions or payments are required and that Participant has all proper authorizations and consents of each person appearing in the Video; 5 7.4 Participant agrees to indemnify, defend and hold harmless Organiser, the successors, agents, licensees and assigns of Organiser and the officers, directors, shareholders and employees of each, from and against any and all losses, claims, causes of action, suits, demands, liabilities, damages, costs and expenses (including, without limitation, attorneys' fees and fees of other professionals) (collectively, “Losses”) arising from or related to any breach, alleged breach or falsity of any of the agreements, representations or warranties contained in these Rules and Organiser’s use of any of the rights granted in this Release Clause. 7.5 Participant releases Organiser from, and agree not to sue Organiser for, any and all Losses that Participant may now have or have in the future against Organiser, arising from or relating to the use or exercise by Organiser of the rights granted to Organiser in these Rules and in this Release Clause, including, without limitation, claims for compensation, defamation, invasion of privacy, moral rights, or other claims for infringement or violation of personal or property rights of any sort whatsoever. ARTICLE 8 - LIMITATION OF LIABILITY The Organiser reserves the right to curtail, modify or cancel the Contest at any time and at its sole discretion without incurring any liability and without entitling to any compensation whatsoever. Entering the Contest implies knowing and accepting the features and limitations of the Internet, particularly with regard to technical performance, the time required to consult, query and transmit information, the risk of interruption and, more generally, the risks inherent in any Internet connection and transmission, the lack of protection against certain data being potentially rerouted, and the risk of infection by potential viruses circulating on the network. Accordingly, the Organiser shall under no circumstances be held liable for the following, which includes but is not limited to: the transmission and/or receipt of any data and/or information over the Internet, any malfunction of the Internet preventing the smooth running of the Contest, the failure of any connection hardware or communication lines, the loss of any paper or electronic mail and, more generally, the loss of any data, the functioning of any software, the consequences of any virus, computer bug, anomaly or technical failure, any damage caused to a Candidate’s computer, any technical, hardware or software failure of any kind that may have prevented or hindered the opportunity to enter the Contest or corrupted an Candidate’s system. It is up to all Candidates to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack. All persons connecting to the Site and all Candidates entering the Contest do so entirely at their own risk. 6 ARTICLE 9 - UNDERTAKING OF ENTRANTS 9.1 Any dispute or claim relating to entering the Contest, the terms and conditions of these Rules or the consent and release forms attached to these Rules shall not be considered unless made in writing to the Organiser before 11/05/2015. 9.2 The pre-selection made by the Organizer and the selection made by the Jury may not be disputed. The results of the Contest shall be final. No correspondence shall be entered into regarding these results. 9.3 Entering the Contest implies full acceptance of the terms and conditions stated in these Rules. Any dispute concerning their interpretation will be resolved by the Organiser under its sole authority and without appeal. ARTICLE 10 – INTERNET CONNECTION AND USE OF PERSONAL DATA 10.1 Organiser uses the Personal data collected and the images of individuals in the Video as part of this Contest for the purposes of managing participation to the Contest and providing the Prize to Winner and the other guests and (if Participants consented to) to send Participant information on Disneyland Paris via email. Participants and individuals who appear in the Video have the right to access, modify their personal data or (where there is legitimate ground) request for their deletion by writing to Euro Disney Associés SCA, Direct Marketing DPT, Voice it this summer, 1 rue de la GALMY, 77700 CHESSY, FRANCE. 10.2 The Participants must have an Internet connection to access the Site. In cases where Participants do not possess the software required to browse the Site, they will be prompted to download it from the Web addresses provided. 7 EXHIBIT - VOICE IT THIS SUMMER CONSENT AND RELEASE I hereby assign to Euro Disney Associés SCA, its parent, subsidiaries, related and affiliated companies, and their respective licensees, successors, agents and assigns (collectively “Euro Disney”) any and all existing and future intellectual property rights and all materials embodying these rights to the fullest extent permitted by law in my performance in the video uploaded by [please specify the name of the participant to the Contest who uploaded the Video] __________________________________________________________________________________ on http://frozen-summerfun.disneylandparis.co.uk/ in connection with the Contest (the “Video”) and irrevocably and unconditionally waive any and all moral rights conferred upon me now and in the future by the Copyright Designs and Patents Act 1988 (as amended and modified from time to time). In particular: 1. I irrevocably, unconditionally and free of charge agree that Euro Disney have the exclusive right to use and exploit: my voice, likeness, appearance, statements, and performance incorporated in the Video as well as my name, biographical information and statements in, or in connection with, the Video, in any manner and in all media, whether now known or later created, throughout the universe for the maximum duration of time provided under applicable law and international conventions (including, without limitation, in commercials, in print media or publications, on the internet, on television, in merchandise, on radio systems, in DVDs, in social media, in online webcasts and Podcasts, and all supplemental market uses), and in all forms in connection with Disneyland Paris and/or Walt Disney World Resort, Disneyland Resort, or any other Disney theme park (the “Disney Parks”), whether for promotional, publicity, entertainment or advertising purposes or for any other purpose whatsoever. I understand and agree that Euro Disney is not required or obligated to exercise any of its rights granted in this Consent and Release (this “Consent”) or provide me with any credit or billing at any time. I agree that Euro Disney may sell, license or assign any of the rights, interests or obligations under this Consent in whole or in part without my consent. 2. I agree that the Video may be edited, modified, added to, arranged, reproduced, juxtaposed, and otherwise revised for any reason and in any manner which Disney may determine in its sole discretion. 3. I agree to indemnify, defend and hold harmless Euro Disney, the successors, agents, licensees and assigns of Euro Disney and the officers, directors, shareholders and employees of each, from and against any and all losses, claims, causes of action, suits, demands, liabilities, damages, costs and expenses (including, but not limited to, attorneys’ fees and fees of other professionals) (collectively, “Losses”) arising from or related to any breach, alleged breach or falsity of any of the agreements, representations, or warranties contained in this Consent and Euro Disney’s use of any of the rights granted in this Consent. 4. I release Euro Disney from, and agree not to sue Euro Disney for, any and all Losses that I may now have or have in the future, against Euro Disney arising from or relating to the use or exercise by Euro Disney of the rights 8 granted to Euro Disney in this Consent, including, but not limited to, claims for compensation, defamation, invasion of privacy, or other claims for infringement or violation of personal or property rights of any sort whatsoever. 5. If any provision of this Consent is deemed to be invalid, it will be considered deleted from this Consent and will not invalidate the remaining provisions. This Consent constitutes the entire agreement between the parties to this Consent with respect to the subject matter of this Consent and supersedes any and all previous agreements or communications between the parties, whether written or oral, with respect to such subject matter. I represent that I am 18 years or older and agree to be bound by this Consent. ________________________________________________________________ [Signature of Person appearing or heard in Video] [Date] [If Person is a minor able to sign his/her name, the minor must sign.] [If Person is a minor unable to sign their name, please print minor’s name.] _______________________________________________________________ [Print Name of Person appearing or heard in Video] Age (for Persons under age 18 only):_________ ________________________________________________________________ [Address] ________________________________________________________________ [City, State, Zip] (____)__________________________________________________________ [Telephone] [E-Mail Address] 9 If Parent or Legal Guardian is completing this form on behalf of a minor who is unable to sign their name, please complete the following: Full Name of Parent/Legal Guardian Completing this Form: _______________________________ Relationship to Child: (circle one): Custodian Parent / Legal Guardian / Other (explain below) ___________________________________________________________ [Signature of Parent/Legal Guardian Completing This Form] 10 DISNEY MOTION PARENTAL CONSENT TO BE COMPLETED ONLY IF THE PERSON APPEARING AND/OR WHOSE VOICE IS HEARD IS UNDER 18 YEARS OF AGE: NAME OF CHILD: _____________________________ CURRENT AGE/Date of birth: ____________________ For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby agree, represent and warrant as follows: (a) I hereby represent that I am either (a) the parent (with sole or shared custody) or (b) the legal guardian of the minor child (the “Minor”) whose name appears above, that I am 18 years of age or older and that I am authorized to make each and all of the representations and guarantees contained herein. (b) I, having read the Consent and Release, dated ________________ executed by Minor (the “Release”) and understanding the nature and extent of all rights which the Minor has granted to Euro Disney in the Release, expressly approve of and agree to the Minor’s entering into the Release. (c) I hereby guarantee to Euro Disney the full and complete performance by the Minor of all of the Minor’s agreements, covenants and obligations in the Release and will do all things necessary and reasonably required by Euro Disney to assist in the full and complete performance by the Minor of such agreements, covenants and obligations. Additionally, I guarantee that the Minor shall not at any time disaffirm the Release by reason of Minor’s minority or otherwise. This consent will be applicable as well to any modification, amendment, extension, renewal or substitution of the Release and to the Release as modified by any waiver. (d) I hereby agree to indemnify and hold Euro Disney harmless from and against any and all claims, liabilities, costs or expenses, including, without limitation, reasonable attorneys’ fees and fees of other professionals arising from or relating to any claims made by or on behalf of the Minor relating to the subject matter of the Release and/or this consent. Parent/Guardian: _____________________________________________ [Signature] [Date] ____________________________________________ [Print Name] ____________________________________________ [Address] 11 ____________________________________________ [City, State, Zip] (____)_______________________________________ [Telephone] [E-Mail Address] 12
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